People v. Burd

We agree with the courts below that the defendant’s application for a writ of error coram nobis was properly denied — not only for the reasons set forth in the memorandum opinion of the Supreme Court Justice (52 Misc 2d 1) who decided the application but also for the additional reasons stated herein.

In this State at the time the defendant was convicted (in 1947), as well as at the present time, a magistrate holding a preliminary hearing was without jurisdiction to. accept a plea of guilty and could only decide whether the accused should be held for action by the grand jury or discharged (Code…