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PEOPLE v. BOETTCHER

33 A.D.2d 792 (1969)

The People of the State of New York, Respondent, v. Ludwig A. Boettcher, Appellant

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

December 22, 1969

Order affirmed.

Defendant alleged in his petition, inter alia, that he had not been informed of his right to appeal as a poor person from his 1966 conviction. Such an allegation, if uncontroverted, would entitle defendant to a hearing under the rule enunciated in People v. Montgomery (24 N.Y.2d 130). However, the records of a prior appeal make clear that defendant, who claims...

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