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MATTER OF BISHOP v. N. Y. SUPREME COURT

19 A.D.2d 296 (1963)

In the Matter of Alfred Bishop, Petitioner, v. Supreme Court of the State of New York et al., Respondents

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

July 18, 1963.

Attorney(s) appearing for the Case

John Lo Pinto for petitioner.

Richard B. Thaler, District Attorney, for respondents.

BERGAN, P. J., COON and TAYLOR, JJ., concur; REYNOLDS, J., dissents and votes to deny on the opinion of Mr. Justice McAVOY at Special Term. (People v. Bishop, .)

HERLIHY, J.

This is an application by the petitioner pursuant to article 78 of the Civil Practice Act for an order of prohibition to prevent his trial on the charge of carnal abuse as a felony.

An indictment was returned on December 8, 1960, charging the petitioner with the crime of carnal abuse of a child as a felony, based upon his prior conviction of carnal abuse in 1937. On December 15, 1960 an order...

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