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MTR. OF ABRAHAM v. JUSTICES SUP. CT.

43 A.D.2d 414 (1974)

In the Matter of Willie Abraham et al., Petitioners, v. Justices of the New York Supreme Court of Bronx County et al., Respondents

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

January 31, 1974.

Attorney(s) appearing for the Case

Lenefsky, Gallina, Mass, Berne & Hoffman (Gino E. Gallina of counsel), for petitioners.

Mario Merola, District Attorney (Peter Grishman of counsel), for respondents.

NUNEZ, J. P., and MURPHY, J., concur with STEUER, J.; KUPFERMAN, J., dissents in an opinion in which TILZER, J., concurs.

STEUER, J.

This is an article 78 proceeding in the nature of prohibition to prevent the trial of the petitioners pursuant to separate indictments charging each of them with criminal possession of a dangerous drug. It appears that all of these petitioners were defendants in a prosecution in the United States District Court under an indictment charging them with conspiracy to violate sections 812 and 841 (subd...

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