People v. Morgan

Appellate Division of the Supreme Court of New York

People v. Morgan

277 A.D.2d 956

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

DecidedSeptember 20, 1950

StatusPublished

This text of 277 A.D.2d 956 (People v. Morgan) 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. Morgan, 277 A.D.2d 956 (N.Y. Ct. App. 1950).

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Opinion

Appeal from an order of the Broome County Court, which dismissed the application of defendant-appellant for an order in the nature of coram nobis. The record in this case is not as complete as it might be, but in any event we are not able to pass upon the appeal on the merits. The County Judge, who heard defendant-appellant’s application and denied the same, was, we think, disqualified to entertain the proceeding by reason of the fact that he was District Attorney of Broome County at the time of defendant-appellant’s conviction (Judiciary Law, § 14). Hence, in our opinion, the order appealed from is not a valid one. Order reversed, on the law, and matter remitted to the Broome County Court. Foster, P. J., Heffeman, Brewster, Deyo and Coon, JJ., concur.

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Appeal from an order of the Broome County Court, which dismissed the application of defendant-appellant for an order in the nature of coram nobis. The record in this case is not as complete as it might be, but in any event we are not able to pass upon the appeal on the merits. The County Judge, who heard defendant-appellant’s application and denied the same, was, we think, disqualified to entertain the proceeding by reason of the fact that he was District Attorney of Broome County at the time of defendant-appellant’s conviction (Judiciary Law, § 14). Hence, in our opinion, the order appealed from is not a valid one. Order reversed, on the law, and matter remitted to the Broome County Court. Foster, P. J., Heffeman, Brewster, Deyo and Coon, JJ., concur.

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Bluebook (online)

277 A.D.2d 956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-morgan-nyappdiv-1950.