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MTR. OF NOLAN v. COURT OF GEN. SESSIONS

11 N.Y.2d 114 (1962)

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

Court of Appeals of the State of New York.

Decided March 29, 1962.

Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney (Daniel J. Sullivan and H. Richard Uviller of counsel), for appellants.

Victor J. Herwitz for respondents.

Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.

Chief Judge DESMOND.

The three petitioners brought this proceeding (Civ. Prac. Act, art. 78) against the Judges of the Court of General Sessions and the District Attorney for an order prohibiting the retrial of an indictment. Petitioners, who are police officers, were indicted jointly in 1959 for attempted burglary and attempted grand larceny. At the trial which lasted for several weeks, one count (attempted...

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