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RODRIGUEZ v. MYERSON

69 A.D.2d 162 (1979)

Jose Rodriguez, Petitioner, v. A. F. Myerson, 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, Second Department.

July 30, 1979

Attorney(s) appearing for the Case

Leon B. Polsky (Barbara Salken, Paula Sweeney, Steve Asin and Ivar Goldart of counsel), for petitioner.

Eugene Gold, District Attorney (Suzan Picariello, Helman R. Brook and Lois M. Raff of counsel), respondent pro se.

MOLLEN, P. J., SUOZZI, RABIN and GULOTTA, JJ., concur.

SHAPIRO, J.

In an indictment (3189-1978) returned by a Kings County Grand Jury, the petitioner, 15-year-old Jose Rodriguez, has been charged with the crime of robbery in the first degree. He now brings this article 78 proceeding to prohibit the respondents from prosecuting him on that indictment on the theory that since a "local criminal court" (CPL 180.75, subd 1) had ordered the removal of the action to the...

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