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MATTER OF HEWITT

81 Misc.2d 202 (1975)

In the Matter of Erik M. Hewitt for an Order to Remove a Charge from Town Court.

County Court, Tompkins County.

March 20, 1975

Attorney(s) appearing for the Case

Joseph Joch, District Attorney, for plaintiff.

Michael Lo Pinto for defendant.

KENNETH C. JOHNSON JR. J.

This is a proceeding pursuant to CPL 170.25 seeking the removal of a charge from the Town Court of Dryden alleging the misdemeanor crime of a violation of section 1192 of the Vehicle and Traffic Law and requesting that said charge be presented by indictment and tried in a superior court.

The defendant contends that the Justice of the Town Court is not an attorney at law and that trial before the Town

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