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MATTER OF HOCHHAUSER v. O'CONNOR

33 Misc.2d 92 (1961)

In the Matter of Paul Hochhauser, on Behalf of Albert Brown, Petitioner, v. Frank D. O'Connor, as District Attorney of the County of Queens, Respondent.

Supreme Court, Special Term, Queens County.

December 13, 1961

Attorney(s) appearing for the Case

Paul Hochhauser, petitioner in person. Frank D. O'Connor, District Attorney (Eugene McQuade of counsel), for respondent.

HENRY J. LATHAM, J.

Petitioner seeks an order prohibiting the District Attorney of Queens County "from presenting any alleged evidence to the Grand Jury against defendant Albert Brown, obtained in violation of the Constitution and Statutes of the State of New York and the United States Constitution".

The District Attorney cross-moves for an order "dismissing the petition herein on the ground that it affirmatively...

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