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MATTER OF CLOKE v. PULVER

243 A.D.2d 185 (1998)

675 N.Y.S.2d 650

In the Matter of Edward G. Cloke, as District Attorney of Greene County, Petitioner, v. George J. Pulver, Jr., as Judge of the County Court of Greene County, et al., Respondents

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

July 2, 1998

Attorney(s) appearing for the Case

Bohl, Della Rocca & Dorfman, P. C., Albany (John E. Dorfman of counsel), for petitioner.

Dennis C. Vacco, Attorney-General, Albany (Peter G. Crary of counsel), for George J. Pulver, Jr., respondent.

Ackerman, Wachs & Finton, Albany (F. Stanton Ackerman of counsel), for Melvin Smith, respondent.

WHITE, J. P., YESAWICH JR., PETERS and GRAFFEO, JJ., concur.

SPAIN, J.

On December 18, 1996, respondent Melvin Smith (hereinafter defendant) was indicted on four charges alleging the sexual abuse of two young female victims as follows: sodomy in the first degree, sodomy in the second degree, sexual abuse in the first degree and sexual abuse in the second degree.

In May 1997, at a preliminary conference with respondent Greene County Judge (hereinafter the Judge...

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