People v. Berry

Order unanimously reversed and matter remitted to Oswego County Court for a new hearing. Memorandum: Appellant ivas denied coram nobis relief following a hearing. Under attack in the proceeding was a judgment of conviction of June 9, 1961. The Acting County Judge who presided at the hearing was in 1961 an Assistant District Attorney of the county of venue. This fact disqualified the Judge (cf. People v. Wright, 16 A D 2d 743). The facts herein make People ex rel. Stickle v. Fay (14 N Y 2d 683) distinguishable. There the sentencing Judge had prosecuted relator for two prior felonies and the…