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MTR. OF NOLAN v. COURT OF GEN. SESSIONS

15 A.D.2d 78 (1961)

In the Matter of George Nolan et al., Appellants, v. Court of General Sessions of the County of New York et al., Respondents

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

December 14, 1961.

Attorney(s) appearing for the Case

Victor J. Herwitz (Frederic A. Johnson with him on the brief), for appellants.

Daniel J. Sullivan of counsel (H. Richard Uviller with him on the brief; Frank S. Hogan, District Attorney), for respondents.

BREITEL, J. P., and STEVENS, J., concur with EAGER, J.; STEUER, J., dissents in opinion in which McNALLY, J., concurs.

EAGER, J.

The petitioners appeal from an order of Special Term dismissing their petition herein. The proceeding is in the nature of a prohibition proceeding under article 78 of the Civil Practice Act to prohibit and restrain the Court of General Sessions of the County of New York and the District Attorney of said county from proceeding with a retrial of the petitioners upon an indictment charging them with the...

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