People v. Richmond

Appellate Division of the Supreme Court of New York

People v. Richmond

40 A.D.2d 623, 336 N.Y.S.2d 530, 1972 N.Y. App. Div. LEXIS 3910

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

DecidedSeptember 21, 1972

StatusPublished

This text of 40 A.D.2d 623 (People v. Richmond) 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. Richmond, 40 A.D.2d 623, 336 N.Y.S.2d 530, 1972 N.Y. App. Div. LEXIS 3910 (N.Y. Ct. App. 1972).

Pincite

Opinion

Order unanimously reversed and matter remitted to Brie County Court for a hearing. Memorandum: Relator’s request for a hearing on his application for coram nobis relief alleging inadequacy of representation both before and during his trial which resulted in relator’s conviction for manslaughter, first degree, was denied. This denial of relator’s request was made by a Judge who had served for several months as one of relator’s numerous assigned counsel. Although the Judge doubtless did not recall that he had previously served as assigned counsel in this case, such circumstance requires that relatar be afforded a hearing before another Judge in the Brie County Court. (Appeal from order of Erie County Court denying motion to vacate judgment of conviction rendered June 2, 1966.) Present — Goldman, P. J., Del Vecchio, Moule and Cardamone, JJ.

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Order unanimously reversed and matter remitted to Brie County Court for a hearing. Memorandum: Relator’s request for a hearing on his application for coram nobis relief alleging inadequacy of representation both before and during his trial which resulted in relator’s conviction for manslaughter, first degree, was denied. This denial of relator’s request was made by a Judge who had served for several months as one of relator’s numerous assigned counsel. Although the Judge doubtless did not recall that he had previously served as assigned counsel in this case, such circumstance requires that relatar be afforded a hearing before another Judge in the Brie County Court. (Appeal from order of Erie County Court denying motion to vacate judgment of conviction rendered June 2, 1966.) Present — Goldman, P. J., Del Vecchio, Moule and Cardamone, JJ.

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Bluebook (online)

40 A.D.2d 623, 336 N.Y.S.2d 530, 1972 N.Y. App. Div. LEXIS 3910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-richmond-nyappdiv-1972.