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People v. Clement

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 1966
26 A.D.2d 968 (N.Y. App. Div. 1966)

Opinion

November 21, 1966


Appeal from an order which denied without a hearing defendant's application in the nature of a writ of error coram nobis. The County Judge, who denied this application, was disqualified to entertain the proceeding by reason of the fact that he was District Attorney at the time of the defendant's conviction. (Judiciary Law, § 14; People v. Morgan, 277 App. Div. 956; People v. Burgett, 15 A.D.2d 873; People v. Wright, 16 A.D.2d 743.) Under the circumstances, we do not reach the merits. Order reversed, on the law, and matter remitted to County Court of Franklin County. Gibson, P.J., Reynolds, Aulisi and Staley, Jr., JJ., concur.


Summaries of

People v. Clement

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 1966
26 A.D.2d 968 (N.Y. App. Div. 1966)
Case details for

People v. Clement

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENJAMIN CLEMENT…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 21, 1966

Citations

26 A.D.2d 968 (N.Y. App. Div. 1966)

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