Bezio v. Berglund

Order unanimously reversed, without costs of this appeal to any party, and motion granted. Memorandum: Petitioner seeks an order directing respondents to remove from the records of the City Court of Jamestown every entry which shows or supports a purported conviction of petitioner, on August 1, 1957, of the crime of driving while intoxicated. The petition alleges that no written information under oath charging petitioner with such crime “was made to or was before said City Court” at the time of the purported conviction. This allegation is not denied by answer or otherwise and thus stands…