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PEOPLE v. FREY

277 A.D. 1156 (1950)

The People of the State of New York, Respondent, v. Lawrence Joseph Frey, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 1, 1950.

The County Judge who conducted these proceedings and made the order appealed from was District Attorney of Franklin County when the indictment was returned, when the plea of guilty was entered and when the sentence was originally suspended. Under such circumstances he was disqualified to act judicially in this matter and the order and judgment are void. (Judiciary Law, § 14; People v. Morgan, 277 App. Div. 956.)

The judgment and order appealed from are...

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