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MATTER OF FRANCOIS v. DOLAN

95 N.Y.2d 33 (2000)

731 N.E.2d 614

709 N.Y.S.2d 898

In the Matter of KENDALL FRANCOIS, Petitioner, v. THOMAS J. DOLAN, as Judge of the Dutchess County Court, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 18, 2000.

Attorney(s) appearing for the Case

Office of Capital Defender, Albany (Barry Fisher, Lisabeth Harrison and Mark Harris of counsel), for petitioner.

William V. Grady, District Attorney of Dutchess County, Poughkeepsie (Bridget Rahilly Steller of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

LEVINE, J.

The issue in this case is whether mandamus lies to compel County Court to entertain petitioner's offer to plead guilty to all counts of the indictment charging him with capital murder, before the filing by the District Attorney of a notice of intent to seek the death penalty and prior to the expiration of the statutory period within which such notice may be filed. We agree with...

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