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  5. 177 A.D.2d 131 (1992)
 

MATTER OF MORGENTHAU v. MARKS

177 A.D.2d 131 (1992)

In the Matter of Robert M. Morgenthau, District Attorney of New York County, on Behalf of The People of the State of New York, Petitioner, v. Jerome W. Marks, as Justice of the Supreme Court, New York County, et al., Respondents

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

March 5, 1992

Attorney(s) appearing for the Case

Mark Dwyer and Eleanor J. Ostrow of counsel (Robert M. Morgenthau, District Attorney, attorney), for petitioner.

Thomas M. O'Brien of counsel (Robert M. Baum, attorney), for Jose Rodriguez, respondent.

CARRO, J. P., ROSENBERGER, ELLERIN and ROSS, JJ., concur.

KUPFERMAN, J.

This is a CPLR article 78 proceeding commenced in this court, seeking a judgment prohibiting respondent Justice from ordering the suppression, pursuant to Penal Law § 450.10 (10), of any and all evidence of the wallet which respondent Rodriguez is charged with stealing in New York County indictment No. 15016/90.

Respondent Rodriguez was arrested and charged with the class E felony...

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