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MTR. OF CAPIO v. JUSTICES, SUPREME CT.

41 A.D.2d 235 (1973)

In the Matter of Bruno Capio, Petitioner, v. Justices of the Supreme Court, Kings County, et al., Respondents

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

April 2, 1973.

Attorney(s) appearing for the Case

Michael I. Winter for petitioner.

Eugene Gold, District Attorney (Ronald M. Kleinberg of counsel), respondent in person.

Louis J. Lefkowitz, Attorney-General (Stanley L. Kantor of counsel), for Justices, respondents.

HOPKINS, Acting P. J., MUNDER, MARTUSCELLO and LATHAM, JJ., concur.

SHAPIRO, J.

In this proceeding pursuant to article 78 of the CPLR the petitioner seeks an order prohibiting the respondents from proceeding with the trial of Indictment No. 1666/1970, which charges him with criminal contempt in violation of subdivision 4 of section 215.50 of the Penal Law.

The application should be granted.

In compliance with a subpoena, the petitioner appeared before the Kings County Grand Jury on January 27, 1970. Upon...

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