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MATTER OF McGRATH v. GOLD

36 N.Y.2d 406 (1975)

In the Matter of Louis McGrath et al., Appellants, v. Eugene Gold, as District Attorney of Kings County, et al., Respondents.

Court of Appeals of the State of New York.

Decided April 1, 1975.

Attorney(s) appearing for the Case

Stephen R. Mahler for appellants.

Eugene Gold, District Attorney (Mark M. Baker of counsel), respondent pro se, and for others, respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

COOKE, J.

Petitioners McGrath and Farrell seek to prohibit the District Attorney of Kings County and certain Justices of the Supreme Court from prosecuting them under two indictments pending in said county. The Appellate Division has dismissed the proceeding.

Under Queens County indictment 4619 for 1972, petitioners were indicted for various counts of grand larceny in the second degree, criminal possession...

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