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  5. 36 N.Y.2d 421 (1975)
 

MATTER OF NIGRONE v. MURTAGH

36 N.Y.2d 421 (1975)

In the Matter of Salvatore Nigrone, Appellant, v. John M. Murtagh, as a New York County Supreme Court Justice, Presiding at an Extraordinary Term of the Supreme Court, et al., Respondents, The People of the State of New York, Plaintiff, v. Paul P. Rao, Defendant. The People of the State of New York, Plaintiff, v. Paul P. Rao, Jr., Defendant.

Court of Appeals of the State of New York.

Decided April 3, 1975.

Attorney(s) appearing for the Case

Herald Price Fahringer for appellant.

Maurice H. Nadjari, Special State Prosecutor (Bennett L. Gershman of counsel), respondent pro se, and for another, respondent.

Roy M. Cohn and Thomas A. Bolan for Paul P. Rao and Paul P. Rao, Jr., amici curiae.

Judges JASEN, GABRIELLI, JONES, WACHTLER, KANE and MAIN concur.

Chief Judge BREITEL.

Once again, in a little over two months, this court is presented with the issue whether a collateral and extraordinary proceeding in the nature of prohibition under CPLR article 78 should be entertained to review allegedly gross error or defect in a pending criminal action. In this instance the gross error or defect has been caused by alleged prosecutorial misconduct, in simulating the setting...

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