People v. McDonald , 15 A.D.2d 503 ( 1961 )

In our opinion, the facts relied on by the learned County Judge in denying the motion do not conclusively refute defendant’s claims; hence, defendant is entitled to a trial of the issues raised (cf. People v. Richetti, 302 N. Y. 290, 296-297). Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.