Adjudged that the petition is granted, on the law, without costs or disbursements, with leave to the respondent District Attorney of Kings County to renew his application, following service of the affidavits and any other papers upon which it is based, upon the petitioner, who is to be afforded a reasonable opportunity to be heard thereon.
While the remedy of prohibition may not be available to challenge an order issued under CPL 240.40 (see, e.g., Matter...
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