What is the test for overturning a judgment of Special Term dismissing a petition?
"New York", United States of America
The following excerpt is from Hogan v. Rosenberg, 24 N.Y.2d 207, 247 N.E.2d 260, 299 N.Y.S.2d 424 (N.Y. 1969):
Accordingly, in People v. Baldwin the judgment appealed from should be affirmed. In Matter of Hogan v. Rosenberg the judgment of Special Term dismissing the petition should be reversed and the petition granted.
[24 N.Y.2d 222] BURKE, Judge (dissenting).
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