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PEOPLE v. GREEN

20 A.D.2d 965 (1964)

The People of the State of New York, Respondent, v. Norman J. Green, Appellant

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

April 9, 1964

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

Memorandum:

Appellant is entitled to a hearing upon the allegations presented in the petition. Upon such hearing considerations should be given to the claim of petitioner that he was not represented by counsel at the time of resentence. (Cf. Berry v. New York, 375 U.S. 160

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