Petition unanimously dismissed without costs.
Memorandum:
We dismiss the petition in this original CPLR article 78 proceeding commenced by petitioner to prohibit his prosecution on an indictment which charges him with criminal possession of a controlled substance in the first degree and conspiracy in the second degree. "[T]he extraordinary remedy of prohibition lies only where there is a clear legal right, and only when a court (if a court is involved) acts...
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