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People v. Carpus

2 A.D.2d 653, 152 N.Y.S.2d 27, 1956 N.Y. App. Div. LEXIS 5195
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 25, 1956
StatusPublished
Cited by2 cases

This text of 2 A.D.2d 653 (People v. Carpus) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Carpus, 2 A.D.2d 653, 152 N.Y.S.2d 27, 1956 N.Y. App. Div. LEXIS 5195 (N.Y. Ct. App. 1956).

Opinion

Order reversed and matter remitted to the Erie County Court for a hearing. Memorandum: The record before us does not conclusively refute the allegations of the petition and we think the appellant should have been afforded a hearing (People v. Richetti, 302 N. Y. 290). The hearing should be had before a judge other than the sentencing judge. The sentencing judge may appear and testify as a witness. All concur. (Appeal from an order of Erie County Court denying defendant’s motion for a writ of error coram nobis and denying his motion that he be produced before the court for a hearing.) Present — McCurn, P. J., Vaughan, Kimball and Bastow, JJ.

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Cite This Page — Counsel Stack

Bluebook (online)
2 A.D.2d 653, 152 N.Y.S.2d 27, 1956 N.Y. App. Div. LEXIS 5195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carpus-nyappdiv-1956.