MATTER OF BOOTH v. CLARY


83 N.Y.2d 675 (1994)

635 N.E.2d 279

613 N.Y.S.2d 110

In the Matter of Harvey O. Booth, Respondent, v. Lee Clary, as Judge of the Jefferson County Court, Respondent, and James T. King, as Jefferson County District Attorney, Appellant. In the Matter of Leslie Bridgewater, Respondent, v. Lee Clary, as Judge of the Jefferson County Court, Respondent, and James T. King, as Jefferson County District Attorney, Appellant.

Court of Appeals of the State of New York.

Decided May 12, 1994.


Attorney(s) appearing for the Case

James T. King, District Attorney of Jefferson County, Watertown (Jane G. LaRock of counsel), appellant pro se in the first and second above-entitled proceedings.

John W. Hallett, Public Defender of Jefferson County, Watertown, for petitioners-respondents in the first and second above-entitled proceedings.

Chief Judge KAYE and Judges SIMONS, TITONE, SMITH, LEVINE and CIPARICK concur.


BELLACOSA, J.

The District Attorney of Jefferson County appeals in two cases seeking to overturn the grant of writs of prohibition preventing his office from prosecuting serious crimes committed by two off-duty soldiers off military property. The petitioners soldiers were tried and convicted by a general court-martial for the identical conduct for which they were also...

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