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MTR. OF NIGRONE v. MURTAGH

46 A.D.2d 343 (1974)

In the Matter of Salvatore Nigrone, Petitioner, v. John M. Murtagh, as a Justice of the Supreme Court, et al., Respondents The People of the State of New York, Plaintiff, v. Paul P. Rao, Defendant The People of the State of New York, Plaintiff, v. Paul P. Rao, Jr., Defendant

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

December 13, 1974.

Attorney(s) appearing for the Case

Herald Price Fahringer (Lipsitz, Green, Fahringer, Roll, Schuller & James of counsel), for petitioner.

Saxe, Bacon, Bolan & Manley (Roy M. Cohn and Thomas A. Bolan of counsel), for Paul Rao and another, defendants.

Maurice H. Nadjari (Bennett L. Gershman of counsel), respondent pro se, and for plaintiff.

COHALAN and MUNDER, JJ., concur with CHRIST, J.; SHAPIRO, Acting P. J., dissents and votes to grant the relief sought, in opinion in which BENJAMIN, J., concurs.

CHRIST, J.

Petitioner Nigrone and defendants Rao have been indicted for perjury in the first degree by a Grand Jury empaneled for an Extraordinary Special and Trial Term of the Supreme Court appointed by executive order pursuant to subdivision 1 of section 149 of the Judiciary Law. The Raos have moved in this court to dismiss their respective indictments, and Nigrone (also referred to herein as a defendant) has...

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