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WADSWORTH v. MOGAVERO

71 A.D.2d 157 (1979)

In the Matter of Annette Wadsworth, Petitioner, v. Joseph A. Mogavero, as Judge of the County Court of Otsego County, et al., Respondents

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

December 6, 1979

Attorney(s) appearing for the Case

Farone, DeVine & Kehoe (Joseph Kehoe of counsel), for petitioner.

Joseph Mogavero, pro se (Philip Washburn of counsel), for Joseph Mogavero, respondent.

Colin E. Ingham, Acting District Attorney, respondent pro se.

STALEY, JR., MAIN, MIKOLL and HERLIHY, JJ., concur.

SWEENEY, J. P.

This is an article 78 proceeding in the nature of prohibition. The facts are not in dispute. Petitioner was charged in a three-count indictment with crimes of burglary in the first degree, grand larceny in the third degree and criminal mischief in the fourth degree. As a result of plea bargaining, petitioner was permitted to plead guilty to the misdemeanor of attempted grand larceny in the third...

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