Order unanimously reversed and matter remitted to Oswego County Court for a new hearing.
Memorandum:
Appellant was denied coram nobis relief following a hearing. Under attack in the proceeding was a judgment of conviction of June 9, 1961. The Acting County Judge who presided at the hearing was in 1961 an Assistant District Attorney of the county of venue. This fact disqualified the Judge (cf. People v. Wright,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.