SOLTIS v. SAMENGA


59 Misc.2d 766 (1969)

Bruce Soltis, Petitioner, v. Alfred F. Samenga, as a Judge of the District Court of Nassau County, Respondent.

Supreme Court, Special Term, Nassau County.

May 5, 1969


Attorney(s) appearing for the Case

James J. McDonough and Joel Ziegler for petitioner. William Cahn, District Attorney (Raymond G. Lavalle of counsel), for respondent.


BERNARD S. MEYER, J.

Contending that he is entitled to trial by a jury of 12 under section 208 of the Mental Hygiene Law on the question whether he is a narcotic addict, petitioner, who stands convicted of the crime of possession of a hypodermic instrument, seeks in this article 78 proceeding an order directing the District Court to transfer the matter to the County or the Supreme Court for trial. Respondent is the District Court Judge before whom petitioner...

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