MTR. OF KIM v. CRIMINAL CT.


77 Misc.2d 740 (1974)

In the Matter of Robert Kim, Petitioner, v. Criminal Court of the City of New York et al., Respondents.

Supreme Court, Special Term, New York County.

April 9, 1974


Attorney(s) appearing for the Case

Sheldon P. Barr for petitioner. Louis J. Lefkowitz, Attorney-General (Seth Greenwald of counsel), for Criminal Court of the City of New York and others, respondents. Richard H. Kuh, District Attorney (Jonathan Lovett of counsel), for District Attorney of New York County, respondent.


JOSEPH A. SARAFITE, J.

Petitioner is a defendant, charged with assault in the third degree, in a proceeding in the New York City Criminal Court. In this court, he seeks a writ of prohibition to prevent his "retrial."

Petitioner's trial without a jury commenced on Friday, January 18, 1974 before a Judge of the Criminal Court. A witness for the prosecution was sworn and testified. A court interpreter translated...

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