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MATTER OF MORGENTHAU v. BEAL

236 A.D.2d 194 (1997)

666 N.Y.S.2d 581

In the Matter of Robert M. Morgenthau, as District Attorney of New York County, Petitioner, v. Ira F. Beal, Respondent. Troy Johnson, Intervenor

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

December 11, 1997

Attorney(s) appearing for the Case

Gina Mignola of counsel (Alan Gadlin on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), petitioner pro se.

David N. Dorfman for respondent.

Richard Joselson of counsel (Daniel L. Greenberg, attorney), for intervenor.

SULLIVAN, J. P., ROSENBERGER, ELLERIN and NARDELLI, JJ., concur.

Per Curiam.

In this proceeding pursuant to CPLR article 78, the petitioner, the New York County District Attorney, seeks an order and judgment prohibiting the respondent, Honorable Ira F. Beal, from enforcing an order dated March 27, 1997, by which the respondent vacated his prior declaration of a mistrial, in the matter of People v Troy Johnson (NY County indictment No. 3322/96) and, two months after discharging...

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