MTR. OF ALLEN v. CITY CT. OF ITHACA


33 Misc.2d 356 (1962)

In the Matter of John D. Allen, Petitioner, v. City Court of the City of Ithaca et al., Respondents.

Supreme Court, Trial and Special Term, Tompkins County.

January 31, 1962


Attorney(s) appearing for the Case

Michael Lo Pinto for petitioner. Roger B. Sovocool, District Attorney (Richard B. Thaler of counsel), for respondents.


HOWARD A. ZELLER, J.

Petitioner seeks an order pursuant to article 78 of the Civil Practice Act prohibiting the City Court of Ithaca, New York from pronouncing sentence upon him after the acting City Judge had found him guilty of the offense of disorderly conduct in violation of section 722 of the Penal Law. Petitioner claims he had already once been placed in jeopardy for the same offense and acquitted by a...

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