People v. Eastman

The order of the Appellate Division, as we read it, reversed the order of County Court insofar as it set aside the judgment of conviction and dismissed the information; it affirmed that order insofar as it remitted to the defendant the fine imposed upon him. The case is brought to this court upon appeal by the defendant. There was no cross appeal by the People.

While we have heretofore clearly indicated that the writ oí error coram nobis lies in courts not of record — such as a Court *660of Special Sessions — nevertheless, in the situation now before us where the defect is made clear by the…