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PEOPLE v. WITHRIDGE

33 A.D.2d 693 (1969)

The People of the State of New York, Respondent, v. Edward Withridge, Appellant

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

November 10, 1969

Order affirmed.

A defendant's allegations of an unkept promise by the prosecutor with respect to sentence do not entitle him to a hearing if the allegations are conclusively refuted by the record or are incredible as a matter of law (People v. Bagley, 23 N.Y.2d 814, 816). It is our opinion that defendant's allegations are so fully counter to probability as to be incredible as a matter of law (cf. People v. Galbo, 218...

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