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PEOPLE v. LEAHY

72 N.Y.2d 510 (1988)

The People of the State of New York, Respondent, v. Thomas Leahy, Appellant.

Court of Appeals of the State of New York.

Decided November 22, 1988.

Attorney(s) appearing for the Case

Joseph P. Famighetti for appellant.

Charles A. Singer, Special District Attorney, for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

BELLACOSA, J.

A Special District Attorney, appointed to investigate and prosecute "a particular case" in Nassau County pursuant to County Law § 701, presented evidence to a Grand Jury and secured an indictment against appellant Leahy, who was not among the five specifically named persons in the appointing order. The Nassau County Court dismissed the indictment as

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