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PEOPLE v. BAGLEY

23 N.Y.2d 814 (1969)

The People of the State of New York, Respondent, v. Augustine Bagley, Appellant.

Court of Appeals of the State of New York.

Decided January 8, 1969.

Attorney(s) appearing for the Case

Julia P. Heit and Anthony F. Marra for appellant.

Burton B. Roberts, District Attorney (Robert Cantor and Daniel J. Sullivan of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.

Order reversed and matter remitted to the Supreme Court for a hearing. Appellant's allegations, although improbable, are neither so incredible as a matter of law, nor so clearly refuted by the record, that he is not entitled to a hearing (see People v. Richetti, 302 N.Y. 290

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