People v. Hooper

Order unanimously reversed and matter remitted to Niagara County Court for a hearing in accordance with the Memorandum. Memorandum: On September 16,1963, Honorable Henry P. Smith III, Niagara County Judge, signed an order, which has never been vacated, granting defendant a hearing upon his application for a writ of error coram nobis. A hearing was held on October 1,1963 and decision reserved. No decision was rendered before January. 1, 1964 when Judge Smith was succeeded by Honorable John Hogan who on March 24, 1964 dismissed the writ upon the ground that defendant could not resort to coram…