KURZ v. SUPREME CT. JUSTICES


228 A.D.2d 74 (1997)

654 N.Y.S.2d 783

In the Matter of Lance Kurz, Petitioner, v. Justices of the Supreme Court of New York, Kings County, et al., Respondents

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

February 18, 1997


Attorney(s) appearing for the Case

Richard E. Mischel, P. C., New York City, for petitioner.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Roseann B. MacKechnie and Ann Bordley of counsel), respondent pro se.

RITTER, SULLIVAN, ALTMAN and McGINITY, JJ., concur.


MANGANO, P. J.

The question to be answered in this proceeding is whether the Supreme Court acted in excess of its authorized powers in vacating the petitioner's plea of guilty absent his consent. In our view, this question must be answered in the affirmative.

I

The petitioner was indicted, inter alia, on several counts of assault in connection with an incident in which he cut the complainant...

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