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MATTER OF MURPHY v. KELLEY

116 A.D.2d 967 (1986)

In the Matter of Michael T. Murphy, Appellant, v. Joseph W. Kelley, as District Attorney of Clinton County, Respondent

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

January 30, 1986

Harvey, J.

Petitioner, indicted by a Clinton County Grand Jury on alternate counts of intentional and reckless murder in the second degree, was 13 years of age at the time of the indictment. By omnibus motion argued in September 1984 in Clinton County Court, petitioner sought, inter alia, to have the case transferred to Clinton County Family Court pursuant to CPL 210.43 (1) (b). Both prior to and at the argument, the District Attorney refused to...

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