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MATTER OF MOLLEN v. MATHEWS

269 A.D.2d 42 (2000)

710 N.Y.S.2d 399

In the Matter of GERALD F. MOLLEN, as District Attorney of Broome County, Petitioner, v. PATRICK H. MATHEWS, as Broome County Judge, et al., Respondents.

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

May 18, 2000.

Attorney(s) appearing for the Case

Gerald F. Mollen, District Attorney of Broome County, Binghamton, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Marlene O. Tuczinski of counsel), for Patrick H. Mathews, respondent.

Bruce S. Dix, Mental Hygiene Legal Service, Albany (Sheila E. Shea of counsel), for Francis X. Martin, respondent.

CARDONA, P. J., CARPINELLO, GRAFFEO and MUGGLIN, JJ., concur.

OPINION OF THE COURT

MERCURE, J.

Based upon evidence that on November 19, 1995 respondent Francis X. Martin discharged a shotgun in the direction of another person, he was arrested and ultimately indicted for reckless endangerment in the first degree, a class D felony, in violation of Penal Law § 120.25. On December 5, 1995, respondent Broome County Judge ordered a psychiatric examination to determine Martin...

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