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MTR OF FRIESS v. MORGENTHAU

86 Misc.2d 852 (1975)

In the Matter of Alan Friess, on Behalf of Anthony Castellano, Petitioner, v. Robert M. Morgenthau, as District Attorney of New York County, Respondent.

Supreme Court, Special Term, New York County.

September 16, 1975

Attorney(s) appearing for the Case

William Gallagher, Alan I. Friess, pro se, and Mary Grace Diehl for petitioner. Robert M. Morgenthau, District Attorney (Roy R. Kulcsar of counsel), for respondent.

ARNOLD L. FEIN, J.

This is a CPLR article 78 proceeding in the nature of mandamus to direct the District Attorney to conduct a preliminary hearing with respect to the crimes charged against the petitioner and in the nature of prohibition to stay the District Attorney from presenting evidence against petitioner to the Grand Jury until after a preliminary hearing is held.

On July 2, 1975, petitioner voluntarily...

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