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MATTER OF AKEL v. EGAN

248 A.D.2d 991 (1998)

670 N.Y.S.2d 129

In the Matter of Edward A. Akel, Petitioner, v. David D. Egan, as Monroe County Court Judge, et al., Respondents

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

March 13, 1998

Petition unanimously dismissed without costs.

Memorandum:

Petitioner was originally charged by felony complaint and, after indictment, unsuccessfully moved to dismiss the indictment, alleging that he had not received proper notice of the Grand Jury presentation. Petitioner now seeks to prohibit respondents from prosecuting him on the indictment based upon the alleged defect in the Grand Jury proceeding (see<...

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