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MTR. OF GERSHON v. SARDONIA

50 Misc.2d 423 (1966)

In the Matter of Neil I. Gershon, Petitioner, v. Milton Sardonia, Individually and as Justice of the Court of Special Sessions of the Town of Bethel, et al., Respondents.

Supreme Court, Special Term, Sullivan County.

January 28, 1966

Attorney(s) appearing for the Case

Jacob Aks for petitioner. Carl J. Silverstein, Assistant District Attorney, for respondents.

JOHN H. PENNOCK, J.

This is a proceeding pursuant to article 78 of the CPLR seeking an order restraining the respondents from any proceedings in a manner as to the prosecution of the defendant upon an information charging him with assault. The main thrust of the petitioner's argument is that the retrial of the information and charge would be in violation of his constitutional rights under section 6 of article...

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