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MATTER OF GIRARD v. ROSSI

40 A.D.2d 13 (1972)

In the Matter of Daniel W. Girard, Appellant, v. Frederick A. Rossi, a Peace Justice of The Town of Irondequoit, et al., Respondents

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

November 2, 1972.

Attorney(s) appearing for the Case

Martin S. Handelman (V. Lee Ringler of counsel), for appellant.

Jack B. Lazarus, District Attorney (Edward J. Spires of counsel), for respondents.

GOLDMAN, P. J., DEL VECCHIO, MARSH, CARDAMONE and HENRY, JJ., concur.

Per Curiam.

On Monday, February 28, 1972 at 9:50 P.M. upon the completion of testimony from two of the People's witnesses, the respondent Town Justice declared a recess in the case of the People against Daniel W. Girard, the petitioner herein, due to the indisposition of the court stenographer. During a conference in chambers with the Assistant District Attorney and defendant's counsel a discussion was had with respect...

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