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PEOPLE v. RAMOS

25 A.D.2d 791 (1966)

The People of the State of New York, Respondent, v. Francisco Ramos, Appellant

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

April 29, 1966

REYNOLDS, J.

It is clear that a hearing must be held unless the facts alleged in the petition, even if proved, would not warrant a vacatur of the judgment (People v. Derrick, 15 N.Y.2d 816) or the allegations of the petition are conclusively refuted by unquestionable documentary records (e.g., People v. Fink, 20 A.D.2d 935, affd. 15 N.Y.2d 679

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