MTR. OF PACIONA v. MARSHALL


45 A.D.2d 462 (1974)

In the Matter of Joe K. Paciona, Petitioner, v. Frederick M. Marshall, as a Justice of the Supreme Court of The State of New York, et al., Respondents

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

September 19, 1974.


Attorney(s) appearing for the Case

Markel, Trammel & Santa Lucia (Thomas Santa Lucia of counsel), for petitioner.

Edward C. Cosgrove, District Attorney (Peter J. Notaro of counsel), for respondents.

MARSH, P. J., MOULE, SIMONS, MAHONEY and DEL VECCHIO, JJ., concur.


Per Curiam.

Petitioner Paciona was indicted by an Erie County Grand Jury empaneled from a pool of jurors selected for service prior to January 1, 1974. On June 27, 1974 Special Term, Supreme Court, Erie County, in another case ruled that the pre-January 1, 1974 jury pool in Erie County was illegally and impermissibly constituted due to selection procedures which discriminated against women and intentionally and systematically...

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