PEOPLE v. BURGETT


15 A.D.2d 873 (1962)

The People of the State of New York, Respondent, v. Lawrence Edward Burgett, Alias Clifford L. Burgett, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 22, 1962


Order unanimously reversed and matter remitted to Ontario County Court for further proceedings in accordance with memorandum.

Memorandum:

The County Judge who passed upon appellant's application was disqualified by reason of the fact that he was District Attorney of Ontario County at the time of appellant's conviction. (Judiciary Law, § 14; People v. Morgan, 277 App. Div. 956; People v. Wurzler, 300 N.Y. 344

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