PEOPLE v. BOCHYNSKI


26 A.D.2d 794 (1966)

The People of the State of New York, Respondent, v. Alfred Bochynski, Appellant

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

September 22, 1966


Order unanimously reversed and matter remitted to Erie County Court for a hearing.

Memorandum:

The respondent concedes it is unable conclusively to refute the allegations set forth in appellant's petition that a full confession was given and that his plea of guilty was entered in reliance on certain promises and misrepresentations by a member of the District Attorney's staff. (See People v. Richetti, 302 N.Y. 290;

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