People v. Freudenberg

Memorandum for the Court.

Order granting writ of error coram nobis after hearing affirmed. The City Magistrate had jurisdiction to entertain the writ and conduct the hearing. Where neither the defendant nor the prosecuting official demands trial in the three-justice Court of Special Sessions, the City Magistrate has all the ‘ ‘ powers and jurisdiction of the court of special sessions ”. (N. Y. City Crim. Cts. Act, § 131, subd. 3.) Nor is it necessary that subsequent proceedings be taken before the same magistrate as the one before whom defendant was convicted or pleaded guilty (cf. subd. 4).…