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MATTER OF ROTH v. DIST. CT. OF COUNTY OF SUFFOLK

46 Misc.2d 489 (1965)

In the Matter of Alex Roth, Petitioner, v. District Court of the County of Suffolk, Criminal Part, et al., Respondents.

Supreme Court, Special Term, Suffolk County.

April 8, 1965

Attorney(s) appearing for the Case

John E. Long, Jr., for petitioner. Bernard C. Smith, District Attorney, in person and for respondents.

D. ORMONDE RITCHIE, J.

In this proceeding brought pursuant to article 78 of the CPLR, petitioner seeks a judgment in the nature of prohibition directed to respondents restraining prosecution of an information charging the petitioner with the possession of book-making records. The theory of petitioner's proceeding is that prosecution of the charge leveled in the information would be violative of the Constitution of the State of New York and of the United...

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