MATTER OF MADOLE v. DAVIDSON


21 A.D.2d 671 (1964)

In the Matter of James H. Madole et al., Petitioners, v. Irvin D. Davidson, as Justice of the Supreme Court, First Judicial District, et al., Respondents

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

May 28, 1964


Article 78 proceeding in the nature of prohibition to command a Justice of the Supreme Court and the District Attorney of Bronx County to refrain from proceeding further with the trial of petitioners under an indictment charging conspiracy in violation of section 580 of the Penal Law, unanimously dismissed, and the application denied, without costs.

There was jurisdiction in the Supreme Court to eliminate from consideration at the trial the language of the indictment...

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