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ATTICA BROS. v. NOV. 1971 GRAND JURY

45 A.D.2d 13 (1974)

In the Matter of The Attica Brothers (Atuma Abdul, Indicted as "Armstrong John", et al.), Petitioners, v. Additional Special November 1971 Grand Jury (Attica Grand Jury) et al., Respondents

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

May 30, 1974.

Attorney(s) appearing for the Case

Attica Brothers Legal Defense (Kenneth M. Magill, Neal Bush and Herald P. Fahringer of counsel), for petitioners.

Herbert Blyden, petitioner in person.

Frank Smith, petitioner in person.

Anthony G. Simonetti, Special Assistant Attorney-General in Charge (Charles F. Bradley of counsel), for respondents.

MARSH, P. J., WITMER, SIMONS, MAHONEY and GOLDMAN, JJ., concur.

Per Curiam.

It is alleged in the petition herein that the Grand Jury has exceeded its jurisdiction (or is about to) in numerous respects.

The allegation that the Grand Jury has completed its business is a conclusion for which we find no support in the petition or the supporting affidavits. In fact, petitioners argue as a further ground for disbanding the Grand Jury the possibility of further indictments to be handed up.

Relative to the allegations...

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