PEOPLE v. HOWARD


15 A.D.2d 863 (1962)

The People of the State of New York, Respondent, v. Sylvester Howard, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 15, 1962


Order unanimously reversed and matter remitted to Monroe County Court for a hearing in accordance with the memorandum.

Memorandum:

Upon the allegations of the petition a hearing should have been granted. (People v. Di Biasi, 7 N.Y.2d 544.) "Since the finding of the indictment presumably imports that the People have legally sufficient evidence of the defendant's guilt of the crime charged (Code Crim. Pro., § 251...

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