What is the test for determining whether a hearing is required under a statute which does not require a hearing?
"New York", United States of America
The following excerpt is from People v. Bailey, 21 N.Y.2d 588, 237 N.E.2d 205, 289 N.Y.S.2d 943 (N.Y. 1968):
[237 N.E.2d 209] Having concluded that a Specht v. Patterson hearing is required, we must determine both the fate of the statute which does not require a hearing as well as the fact of those previously sentenced without a hearing.
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