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MTR OF FORTE v. SUPREME COURT

62 A.D.2d 704 (1978)

In the Matter of Alfred Forte, Petitioner, v. Supreme Court of the State of New York, County of Queens, Criminal Term, et al., Respondents

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

June 12, 1978

Attorney(s) appearing for the Case

John T. Gallagher (Frank S. Polestino of counsel), for petitioner.

John J. Santucci, District Attorney (Barry A. Schwartz of counsel), respondent pro se.

Louis J. Lefkowitz, Attorney-General (William C. Burstein of counsel), for Judges of the Supreme Court, respondent (no brief filed).

MOLLEN, P. J., DAMIANI and O'CONNOR, JJ., concur.

SHAPIRO, J.

This is an article 78 proceeding by petitioner, Alfred Forte, to prohibit the respondents from prosecuting him on a superseding indictment (No. 2647-77) returned by the Grand Jury of Queens County on the ground that his prosecution thereunder violates his rights under CPL 450.50.

THE ISSUES

The question here — apparently one never before decided — is whether a District...

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