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MTR. OF CIRILLO v. JUSTICES, SUPREME CT.

43 A.D.2d 4 (1973)

In the Matter of Alphonse Cirillo, Petitioner, v. Justices of the Supreme Court of the State of New York, Held in and for The County of Kings, et al., Respondents

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

November 19, 1973.

Attorney(s) appearing for the Case

Harold Borg (Arnold E. Wallach of counsel), for petitioner.

Eugene Gold, District Attorney (Martin H. Hershey of counsel), respondent in person.

RABIN, P. J., HOPKINS, MUNDER and LATHAM, JJ., concur.

SHAPIRO, J.

The petitioner, Alphonse Cirillo, seeks an order in the nature of prohibition to prevent the respondents (the Justices of the Supreme Court, Kings County, and the District Attorney of that county) from proceeding to try him on an indictment (No. 1961/1973) returned against him by a Kings County Grand Jury.

The indictment charges Cirillo and another (Vincent Murphy) with various degrees of possession...

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