MTR MORGENTHAU v. LEVITTAN


119 Misc.2d 904 (1983)

In the Matter of Robert M. Morgenthau, as District Attorney of New York County, Petitioner, v. Shirley R. Levittan, as Judge of the Criminal Court of the City of New York, et al., Respondents. The People of the State of New York, Petitioner, v. Jose Agosta, Respondent.

Supreme Court, Special Term, New York County.

June 14, 1983


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Robert M. Pitler of counsel), petitioner pro se. Robert Abrams, Attorney-General (Bridget E. Farrell of counsel), for Shirley R. Levittan, respondent. Caesar Cirigliano and Michele Maxian for Jose Agosta, respondent.


HILDA G. SCHWARTZ, J.

Petitioner, the District Attorney of New York County, seeks judgment in this CPLR article 78 proceeding in the nature of prohibition, vacating the conviction and sentence of respondent Jose Agosta on February 12, 1983, on the ground that respondent Levittan, as Judge of the Criminal Court of the City of New York, acted in excess of that court's jurisdiction.

On February 12, 1983, respondent Agosta appeared before respondent...

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