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MATTER OF CHANG v. ROTKER

155 A.D.2d 49 (1990)

In the Matter of Michael Chang, Petitioner, v. Seymour Rotker, as Judge of The Criminal Court of the City of New York, et al., Respondents

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

March 19, 1990

Attorney(s) appearing for the Case

Schwartz & DiBlasi (Barry A. Schwartz of counsel), for petitioner.

John J. Santucci, District Attorney (Gorden S. Latz of counsel), respondent pro se.

BROWN, RUBIN and BALLETTA, JJ., concur.

BRACKEN J. P.

In this proceeding pursuant to CPLR article 78, the petitioner seeks, inter alia, to enjoin the respondent District Attorney from prosecuting an indictment which was filed by a Queens County Grand Jury on March 30, 1989. According to the petitioner, the District Attorney lacks jurisdiction to proceed, because on March 1, 1989, the Criminal Court of the City of New York, Queens County, dismissed...

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