Order reversed, on the law, and proceeding remitted to said court for a new hearing before a Justice other than the Justice who presided at defendant's trial which resulted in the judgment of conviction in question.
The findings of fact below have not been considered. In our opinion, appellant's testimony at the hearing was improperly restricted on the question of his alleged intoxication at the time he made the statement (cf. People v. Schompert,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.
