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MTR. OF SACKET v. BARTLETT

241 A.D.2d 97 (1998)

671 N.Y.S.2d 156

In the Matter of James Sacket, as District Attorney of Schoharie County, Petitioner, v. George R. Bartlett, III, as Schoharie County Judge, et al., Respondents

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

April 2, 1998

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Jill Gross Marks of counsel), for petitioner.

O'Connor, O'Connor, Mayberger & First, P. C., Albany (Dianne Bresee Mayberger of counsel), for George R. Bartlett, III, respondent.

Kevin M. Doyle, Capital Defender, Albany (Barry J. Fisher of counsel), for Donna Arroyo, respondent.

Mlynarski & Cawley, P. C., Binghamton (Joseph F. Cawley of counsel), and Aswad & Ingraham (Thomas A. Saitta of counsel), for Daniel Edwards, respondent.

Raymond A. Kelly, Jr., Albany, for Cary Wayne McKinley, respondent.

Richard A. Brown, Kew Gardens (Bruce Seeliger of counsel, Albany), for New York State District Attorneys Association, amicus curiae.

CARDONA, P. J., WHITE, PETERS and SPAIN, JJ., concur.

MERCURE, J.

A Schoharie County Grand Jury indicted respondents Donna Arroyo, Daniel Edwards and Cary W. McKinley (hereinafter collectively referred to as the criminal defendants) for the crimes of murder in the first degree, murder in the second degree, conspiracy in the second degree and criminal possession of a weapon in the second degree as the result of the May 12, 1997 shooting death of Arroyo's husband...

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