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MATTER OF BARRETT v. VOGT

170 A.D.2d 860 (1991)

In the Matter of Michael P. Barrett, Petitioner, v. Francis J. Vogt, as Acting County Judge of Rensselaer County, et al., Respondents

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

February 21, 1991

Harvey, J.

Petitioner was initially indicted by a Rensselaer County Grand Jury in October 1987 on various charges including bribery and conspiracy. This indictment was ultimately dismissed because of a fundamental defect in the Grand Jury proceedings (People v Barrett, 73 N.Y.2d 84) and petitioner was subsequently reindicted by a new Grand Jury on the same charges. Thereafter, in the course of pretrial motions...

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