People v. Clement

Appellate Division of the Supreme Court of New York

People v. Clement

26 A.D.2d 968, 274 N.Y.S.2d 740, 1966 N.Y. App. Div. LEXIS 3049

Appellate Division of the Supreme Court of the State of New York·Decided November 21, 1966·Published·Cited by 1 cases

Opinion

Herlihy, J.

Appeal from an order which denied without a hearing defendant’s application in the nature of a writ of error coram nobis. The County Judge, who denied this application, was disqualified to entertain the proceeding by reason of the fact that he was District Attorney at the time of the defendant’s conviction. (Judiciary Law, § 14; People v. Morgan, 277 App. Div. 956; People v. Burgett, 15 A D 2d 873; People v. Wright, 16 A D 2d 743.) Under the circumstances, we do not reach the merits. Order reversed, on the law, and matter remitted to County Court of Franklin County. Gibson, P. J., Reynolds, Aulisi and Staley, Jr., JJ., concur.

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Herlihy, J.

Appeal from an order which denied without a hearing defendant’s application in the nature of a writ of error coram nobis. The County Judge, who denied this application, was disqualified to entertain the proceeding by reason of the fact that he was District Attorney at the time of the defendant’s conviction. (Judiciary Law, § 14; People v. Morgan, 277 App. Div. 956; People v. Burgett, 15 A D 2d 873; People v. Wright, 16 A D 2d 743.) Under the circumstances, we do not reach the merits. Order reversed, on the law, and matter remitted to County Court of Franklin County. Gibson, P. J., Reynolds, Aulisi and Staley, Jr., JJ., concur.

People v. Clement, 26 A.D.2d 968, 274 N.Y.S.2d 740, 1966 N.Y. App. Div. LEXIS 3049 (N.Y. Ct. App. 1966).

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