People v. Wright

Judgment of resentenee unanimously reversed and matter remitted to Cattaraugus County Court for further proceedings in accordance with the memorandum. Memorandum: The application by the defendant to withdraw his plea of guilty should not have been passed upon by the County Judge but should have been referred by him to another Judge (People v. Burgett, 15 A D 2d 873). While the County Judge was not the District Attorney of the county at the time of the defendant’s original conviction in 1934 he was the District Attorney at the time of an application in the nature of coram nobis in 1853. The…