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PEOPLE v. McNAIR

24 A.D.2d 1044 (1965)

The People of the State of New York, Respondent, v. Wilford McNair, Appellant

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

December 20, 1965

REYNOLDS, J.

Appellant's petition does not allege any specific promise by the Assistant District Attorney and, moreover, his allegations are not only not confirmed by the record or any supporting affidavits (People v. Scott, 10 N.Y.2d 380), but are, in fact, expressly refuted by the conduct of the appellant and his attorney as revealed in the minutes of his plea and sentence (People v. White,

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