MATTER OF MACHADO v. DONALTY


107 A.D.2d 1079 (1985)

In the Matter of Wayne Machado, Petitioner, v. Barry Donalty, as District Attorney of Oneida County, et al., Respondents

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

January 29, 1985


Application unanimously denied and petition dismissed, without costs.

Memorandum:

Petitioner commenced this proceeding in the nature of prohibition pursuant to CPLR article 78 (CPLR 7804, subd [b]; 506, subd [b], par 1) to restrain respondents from proceeding with a criminal prosecution. The indictment charges criminal sale of a controlled substance in the first degree (Penal Law, § 220.43, subd 1), criminal possession of controlled substance in the second...

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