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MTR CAREY v. KITSON

93 A.D.2d 50 (1983)

In the Matter of Martin T. Carey, Petitioner, v. Donald Kitson, as Acting Judge of The County Court of Suffolk County, Respondent

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

April 4, 1983

Attorney(s) appearing for the Case

Andrew M. Lawler, P. C. (Moses Silverman, Kenneth Roth and Paul, Weiss, Rifkind, Wharton & Garrison of counsel), for petitioner.

Robert Abrams, Attorney-General (John Michael Ryan of counsel), for respondent.

LAZER, J. P., MANGANO, THOMPSON and WEINSTEIN, JJ., concur.

Per Curiam.

In this original proceeding pursuant to CPLR article 78, petitioner seeks to, inter alia, prohibit respondent from trying him under Indictment No. 3131/81 on the ground that he had been granted immunity from prosecution based on his testimony before a Suffolk County Grand Jury in April, 1980 "directly relating to the transactions charged in the indictment".

The two issues to be resolved on...

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