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MATTER OF HOGAN v. ROSENBERG

58 Misc.2d 585 (1968)

In the Matter of Frank S. Hogan, as District Attorney of the County of New York, Petitioner, v. Jack Rosenberg et al., Respondents.

Supreme Court, Special Term, New York County.

December 30, 1968

Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney (Michael R. Juvilier and Lewis R. Friedman of counsel), petitioner in person. Harold Rothwax, Michael B. Rosen and Martin A. Schwartz for Marvin Puryear, respondent. Anthony F. Marra for Leroy Bowman, respondent. Louis J. Lefkowitz, Attorney-General (Samuel A. Hershowitz and Maria L. Marcus of counsel), petitioner-intervenor.

SAUL S. STREIT, J.

Pursuant to article 78 of the CPLR, petitioner, the District Attorney of New York County, seeks to enjoin and prohibit the respondent Judge and Judges of the Criminal Court of the City of New York from conducting a jury trial in the criminal cases now pending in such court against respondents Bowman and Puryear.

It appears from the papers before the court that on April 10, 1968, Bowman...

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