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PEOPLE v. DOE

271 A.D.2d 29 (2000)

710 N.Y.S.2d 420

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOHN DOE et al., Respondents.

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

June 29, 2000.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Arthur G. Weinstein of counsel), for appellant.

Tobin & Dempf, Albany (Raul A. Tabora, Jr., of counsel), for respondents.

CREW III, J. P., SPAIN, GRAFFEO and MUGGLIN, JJ., concur.

OPINION OF THE COURT

CARPINELLO, J.

This is an appeal from an order of County Court which dismissed a sealed indictment after presentment of the case to the Grand Jury but prior to defendants' arraignment. The order of dismissal is based on the Attorney General's conduct in obtaining the indictment in violation of a Supreme Court order specifically enjoining any such criminal prosecution. A brief chronology of events is warranted.

On June 9, 1998...

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