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PEOPLE v. GROH

57 A.D.2d 389 (1977)

The People of the State of New York, Plaintiff, v. Robert T. Groh, Defendant In the Matter of Robert T. Groh, Petitioner, v. Howard A. Jones, as Justice of the Extraordinary Special and Trial Term of the Supreme Court of The State of New York, County of Queens, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 31, 1977

Attorney(s) appearing for the Case

Segal & Hundley for defendant-petitioner.

John F. Keenan, Deputy Attorney-General (George F. Bradlau of counsel), respondent pro se and for plaintiff.

GULOTTA, P. J., MARTUSCELLO, COHALAN and SHAPIRO, JJ., concur in Per Curiam opinion; DAMIANI, J., concurs in the result.

Per Curiam.

This is a motion pursuant to subdivision 2 of section 149 of the Judiciary Law by Robert T. Groh, a defendant in a pending criminal action, for an order dismissing the indictment filed against him by the Extraordinary Special Grand Jury for the County of Queens, or, in the alternative, for judgment pursuant to CPLR article 78 prohibiting the Trial Justice assigned to the Extraordinary Special and Trial...

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