MATTER OF SIMPSON v. SWARTWOOD


69 A.D.2d 954 (1979)

In the Matter of Robert J. Simpson, as District Attorney of Tioga County, Petitioner, v. Charles B. Swartwood, as Justice of the Supreme Court of The State of New York, et al., Respondents

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

April 19, 1979


In his decision on respondent Dean's motion for divestiture, the respondent Swartwood found that since respondent Dean is charged with a misdemeanor which could result in a term of imprisonment and, since the local criminal court is presided over by a lay Justice, the respondent Dean was, as a matter of right, entitled to a transfer of the charge against him to a superior court to be prosecuted by indictment. The respondent Swartwood has the authority to require that a misdemeanor...

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