PEOPLE v. FLORA


281 A.D. 946 (1953)

The People of the State of New York, Respondent v. Frank J. Flora, Appellant

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

March 11, 1953.


Order affirmed.

Memorandum:

It appears from the petition that the sentencing court pronounced sentence with knowledge of all the facts upon which the petitioner now relies. The mere allegation that the court failed to consider such facts so known to him is the conclusion of the petitioner and does not raise a question of fact requiring a hearing.

All concur, except Vaughan and Kimball, JJ., who dissent and vote for reversal and for remitting the proceeding...

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