
    The People of the State of New York, Respondent, v. Augustine Bagley, Appellant.
    Argued December 10, 1968;
    decided January 8, 1969.
    
      
      Julia P. Heit and Anthony F. Marra for appellant.
    
      Burton B. Roberts, District Attorney (Robert Cantor and Daniel J. Sullivan of counsel), for respondent.
   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 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.  