FRISCIA v. CROWE


71 Misc.2d 79 (1972)

Louise Friscia et al., Petitioners, v. William J. Crowe, Jr., as Acting Village Justice of the Village of Muttontown, Respondent.

Supreme Court, Special Term, Nassau County.

August 2, 1972


Attorney(s) appearing for the Case

Russ, Weyl & Levitt for petitioners. Humes, Andrews, Botzow & Wagner for respondent.


BERNARD F. McCAFFREY, J.

In this special proceeding to prohibit the Village Justice of Muttontown from conducting the trial of petitioners before himself without a jury, judgment is granted respondent dismissing the petition.

The CPL 10.10 defines a "Village court" as a "Local criminal court" and CPL 340.40 (subd. 1), except for certain exceptions not applicable to the violations of zoning ordinance charged here, provides that a trial of an information...

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