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MATTER OF HIMELEIN v. NENNO

168 A.D.2d 957 (1990)

In the Matter of Larry M. Himelein, as Cattaraugus County District Attorney, Appellant, v. Michael P. Nenno, as Salamanca City Court Judge, et al., Respondents

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

December 21, 1990

Judgment unanimously reversed on the law without costs, plea vacated and matter remitted to Salamanca City Court for further proceedings on the information, in accordance with the following memorandum:

Supreme Court erred in dismissing the Cattaraugus County District Attorney's CPLR article 78 petition to vacate a judgment of driving while impaired entered upon a plea of guilty by respondent Deboy before respondent Judge Nenno. The plea was accepted in satisfaction...

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