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MTR. OF HAGGERTY v. HIMELEIN

89 N.Y.2d 431 (1997)

677 N.E.2d 276

654 N.Y.S.2d 705

In the Matter of Kerrie L. Haggerty, on Behalf of Herself and Others, et al., Respondents, v. Larry M. Himelein, as Cattaraugus County Court Judge, Respondent, and Michael P. Nevins, as Cattaraugus County District Attorney, et al., Appellants.

Court of Appeals of the State of New York.

Decided February 6, 1997.

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, New York City (Edward D. Saslaw, Christine Duisin and Jill Gross Marks of counsel), for Dennis C. Vacco and another, appellants pro se.

Michael P. Nevins, District Attorney of Cattaraugus County, Little Valley, appellant pro se.

Joel L. Daniels, Buffalo, and Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, LLP, Buffalo (Cheryl Meyers of counsel), for respondents.

Francis D. Phillips, II, Goshen, David J. Fried, Brooklyn, and Michael Gore for New York State District Attorneys Association, amicus curiae.

Chief Judge KAYE and Judges BELLACOSA, SMITH and CIPARICK concur; Judges TITONE and WESLEY taking no part.

LEVINE, J.

Kevin King died October 23, 1994 during what eyewitnesses described as a mob attack outside a pizzeria in the City of Olean, Cattaraugus County. The matter was submitted to a Grand Jury by the Cattaraugus County District Attorney. Some four months after the occurrence, the Grand Jury returned a no true bill. The Grand Jury's failure to indict the persons allegedly involved in King's death evoked a...

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