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MATTER OF STEINGUT v. GOLD

42 N.Y.2d 311 (1977)

In the Matter of Stanley Steingut et al., Respondents, v. Eugene Gold, as District Attorney of Kings County, et al., Appellants.

Court of Appeals of the State of New York.

Decided July 14, 1977.

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Helman R. Brook of counsel), for appellants.

Herald Price Fahringer and Patrick M. Wall for respondents.

Judges GABRIELLI, FUCHSBERG and COOKE concur with Judge WACHTLER; Judge JONES dissents and votes to reverse in a separate opinion in which Chief Judge BREITEL and Judge JASEN concur.

WACHTLER, J.

On this appeal we are asked to rule on the correctness of the Appellate Division's granting of an article 78 petition in the nature of a writ of prohibition. Inextricably involved in that question is whether the so-called "injured forum" provision of the Criminal Procedure Law conferred jurisdiction on Kings County to indict and prosecute the petitioners (CPL 20.40, subd 2).

The petitioners...

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