MATTER OF SIMONSON v. CAHN


33 A.D.2d 790 (1969)

In the Matter of Franklin E. Simonson, as Foreman of the December Term, 1969, Grand Jury, Petitioner, v. William Cahn, as District Attorney of The County of Nassau, et al., Respondents

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

December 22, 1969


Application granted, without costs; the respondent District Attorney is hereby restrained from prosecuting, and the respondent Judges of the County Court, Nassau County, are hereby restrained from entertaining or assuming jurisdiction of, the criminal action against Clarence Smith upon the charges in question until a Grand Jury of Nassau County returns an indictment against him upon said charges.

It is the law of this State that a defendant may not be prosecuted for...

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