MATTER OF GELINAS v. BARRETT


147 A.D.2d 293 (1989)

In the Matter of Robert Gelinas, Petitioner, v. William C. Barrett, as Tompkins County Judge, Respondent

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

June 22, 1989


Attorney(s) appearing for the Case

Wesley E. McDermott for petitioner.

Robert Abrams, Attorney-General (Lisa Joy Robertson and Wayne L. Benjamin of counsel), for respondent.

L. Richard Stumbar, Special Prosecutor.

MAHONEY, P. J., WEISS, MIKOLL and YESAWICH, JR., JJ., concur.


LEVINE, J.

Petitioner was charged in a single-count indictment with selling six grams of cocaine to a State Police undercover officer for $600 on September 23, 1987. He brought the instant application for a writ of prohibition on the ground that prosecution for this offense was barred because he had automatically received transactional immunity (see, CPL 50.10, 190.40) by being compelled to testify as...

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