Summary
In People v Carpus (2 A.D.2d 653) the court held, on an application for postconviction relief, that the "sentencing judge may appear and testify as a witness."
Summary of this case from Matter of SheenOpinion
May 25, 1956
Appeal from the Erie County Court.
Present — McCurn, P.J., Vaughan, Kimball and Bastow, JJ.
Order reversed and matter remitted to the Erie County Court for a hearing. Memorandum: The record before us does not conclusively refute the allegations of the petition and we think the appellant should have been afforded a hearing ( People v. Richetti, 302 N.Y. 290). The hearing should be had before a judge other than the sentencing judge. The sentencing judge may appear and testify as a witness. All concur.