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MATTER OF CUTRONE v. KELLY

39 A.D.2d 725 (1972)

In the Matter of John Cutrone, Petitioner, v. Paul Kelly, as the Administrative Judge of The County Court of Nassau County, et al., Respondents

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

May 8, 1972

The petition is in all respects denied and the proceeding is dismissed, with $50 costs.

In our opinion the Grand Jury had the power to return the indictment and the County Court of Nassau County has jurisdiction to proceed with the trial of the indictment (cf. People v. Stern, 3 N.Y.2d 658, 663). Moreover, it appears that this application is barred...

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