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PARKINSON v. COLUMBIA DA

178 Misc.2d 52 (1998)

679 N.Y.S.2d 505

In the Matter of Donald S. Parkinson, Petitioner, v. Columbia County District Attorney et al., Respondents.

Supreme Court, Columbia County.

July 16, 1998

Attorney(s) appearing for the Case

John Mc Donald for petitioner. Beth G. Cozzolino, pro se, and Catherine Leahy for Beth G. Cozzolino, as District Attorney of Columbia County, respondent. Dennis C. Vacco, Attorney-General (Sean M. Seely of counsel), for New York State Police, respondent. William Better, County Attorney of Columbia County (Patrick Grattan of counsel), for James Bertram, as Columbia County Sheriff, respondent.

JOHN G. CONNOR, J.

Donald Parkinson, presently incarcerated, seeks an order pursuant to CPLR article 78 for the return of his prosthetic leg (writ of mandamus). Parkinson, charged in 1997 with discharging a firearm at the New York State Troopers, was tried and convicted before a Columbia County jury. Shortly after his arrest, the prosthetic device was confiscated by the State Police. Some 36 shots were fired...

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