ROBAR v. LABUDA

510531.

84 A.D.3d 129 (2011)

921 N.Y.S.2d 710

In the Matter of ROBERT ROBAR, Petitioner, v. FRANK J. LABUDA, as Judge of the County Court of Sullivan County, et al., Respondents.

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

Decided April 28, 2011.


Attorney(s) appearing for the Case

Ricciani & Jose, L.L.P., Monticello ( Jacqueline Ricciani , of counsel), for petitioner.

James R. Farrell , District Attorney, Monticello ( Bonnie M. Mitzner , of counsel), for James R. Farrell, respondent.

PETERS, J.P., ROSE, STEIN and EGAN JR., JJ., concur.


OPINION OF THE COURT

SPAIN, J.

On the morning of November 24, 2009, petitioner was reportedly hunting alone on his property in the Town of Lumberland, Sullivan County when he mistakenly shot another hunter who had come onto the land, causing serious physical injuries. As a result, petitioner was charged by Sullivan County indictment No. 61-2010 with the crimes of assault in the second degree and reckless endangerment in the second degree. The trial ultimately...

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