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MATTER OF COSGROVE v. KUBINIEC

56 A.D.2d 709 (1977)

In the Matter of Edward C. Cosgrove, as District Attorney of Erie County, Appellant, v. Julian F. Kubiniec, Individually and as Associate Judge of The City Court of Buffalo, et al., Respondents

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

February 18, 1977

Judgment unanimously reversed, without costs, petition granted, and matter remitted to Buffalo City Court.

Memorandum:

The District Attorney brings this article 78 proceeding to vacate two judgments of driving while impaired entered upon pleas of guilty by respondents McCune and Griffin before respondent City Judge. The pleas were in satisfaction of informations charging driving while intoxicated and were accepted by the court over the objection of the District...

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