Dorgan v. Mercer

This is an application by the petitioner for an order vacating and canceling a certificate of conviction filed in the office of the clerk of the county of Westchester following a plea of guilty by the defendant on an information charging him with the violation of section 973 of the Penal Law in a Court of Special Sessions.

It is conceded that the Court of Special Sessions in this case had no authority to accept the plea of guilty and to impose the sentence, and that the only power the court had was to act as a committing magistrate and hold the defendant for action by the grand jury.

The…