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PEOPLE v. ROMAN

38 A.D.2d 734 (1972)

The People of the State of New York, Respondent, v. Sebastian Roman, Appellant

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

January 17, 1972

Order affirmed.

No opinion.

Rabin, P. J., and Hopkins, J., dissent and vote to reverse the order and to grant the application to the extent of directing that a hearing be held on defendant's allegations, with the following memorandum:

Defendant's allegations entitle him to a hearing. The record does not conclusively refute his contentions; nor are his allegations incredible as a matter of law (People v. Bagley, 23 N.Y.2d 814...

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