MATTER OF BROWN v. RUBIN


77 A.D.2d 608 (1980)

In the Matter of Zack Brown, Petitioner, v. Isaac Rubin, as Justice of the Supreme Court of the Ninth Judicial District of The State of New York, Respondent

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

July 21, 1980


Proceeding dismissed on the merits, without costs or disbursements.

Petitioner seeks to compel the respondent to amend the indictment charging criminal possession of marihuana in the third and fourth degrees to charge only a lesser included offense thereof. He has no right to this relief (see People v Maier, 72 A.D.2d 754) and therefore the proceeding must be dismissed (see Matter of Association of Surrogates & Supreme...

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