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MTR OF HENNESSY v. GORMAN

87 A.D.2d 29 (1982)

In the Matter of Richard A. Hennessy, Jr., as District Attorney for The County of Onondaga, Petitioner, v. Walter T. Gorman, as Supreme Court Justice for Onondaga County, et al., Respondents

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

May 21, 1982

Attorney(s) appearing for the Case

Richard A. Hennessy, Jr. (John Cirando of counsel), petitioner pro se.

Robert Abrams, Attorney-General (Lawrence Zimmerman of counsel), for Walter T. Gorman, respondent.

Morris B. Swartz for Jessie Neal, respondent.

Lawrence M. Ginsburg for Willie Carter, respondent.

SIMONS, J. P., CALLAHAN, DENMAN and BOOMER, JJ., concur; MOULE, J., dissents and votes to dismiss the petition in an opinion.

Per Curiam.

Defendants were indicted by the Grand Jury for the crimes of grand larceny in the third degree and petit larceny. The felony charges of grand larceny in the third degree were dismissed for insufficiency of the evidence presented to the Grand Jury leaving undisposed the misdemeanor charges of petit larceny. On a later appearance, the Supreme Court, with the acquiescence of the District Attorney, granted each defendant an adjournment in contemplation...

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