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PEOPLE v. BAKER

20 A.D.2d 624 (1963)

The People of the State of New York, Respondent, v. Joseph Earl Baker, Alias Joseph E. Berenbaum, Appellant

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

December 12, 1963

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

Memorandum:

The petition made out a prima facie showing of noncompliance with section 308 of the Code of Criminal Procedure which was "not conclusively refuted by unquestionable documentary proof contra". (People v. Richetti, 302 N.Y. 290, 296.) He was entitled...

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