People v. Bagley
23 N.Y.2d 814
NY
1969
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Order reversed and matter remitted to the Supreme Court for a hearing. Appellant’s allegations, although improbable, are *816neither so incredible as a matter of law, nor so clearly refuted by the record, that be is not entitled to a hearing (see People v. Richetti, 302 N. Y. 290).

Concur: Chief Judge Fuld and Judges Burke, Soileppi, Bergan, Keating, Breitel and Jasen.