People v. Freer

Appellate Division of the Supreme Court of New York

People v. Freer

2 A.D.2d 643, 151 N.Y.S.2d 860, 1956 N.Y. App. Div. LEXIS 5337

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 16, 1956

StatusPublished

This text of 2 A.D.2d 643 (People v. Freer) 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. Freer, 2 A.D.2d 643, 151 N.Y.S.2d 860, 1956 N.Y. App. Div. LEXIS 5337 (N.Y. Ct. App. 1956).

Pincite

Opinion

Appeal from an order of the County Court of Chenango County denying a motion in the nature of corarn nobis to set aside a judgment convicting petitioner of the crime of burglary in the third degree. We do not reach the merits of the application. The County Judge who heard the application was the District Attorney who prosecuted petitioner, and he was disqualified, in our opinion, to hear the matter (People v. Morgan, 277 App. Div. 956). Order reversed and the matter remitted to the County Court of Chenango County for a hearing before another County Judge. Foster, P. J., Bergan, Coon, Zeller and Gibson, JJ., concur.

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Appeal from an order of the County Court of Chenango County denying a motion in the nature of corarn nobis to set aside a judgment convicting petitioner of the crime of burglary in the third degree. We do not reach the merits of the application. The County Judge who heard the application was the District Attorney who prosecuted petitioner, and he was disqualified, in our opinion, to hear the matter (People v. Morgan, 277 App. Div. 956). Order reversed and the matter remitted to the County Court of Chenango County for a hearing before another County Judge. Foster, P. J., Bergan, Coon, Zeller and Gibson, JJ., concur.

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Bluebook (online)

2 A.D.2d 643, 151 N.Y.S.2d 860, 1956 N.Y. App. Div. LEXIS 5337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-freer-nyappdiv-1956.