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MATTER OF SCHROEDEL v. LaBUDA

264 A.D.2d 136 (2000)

707 N.Y.S.2d 252

In the Matter of ANTHONY SCHROEDEL, Petitioner, v. FRANK J. LABUDA, as Sullivan County Judge, et al., Respondents.

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

April 13, 2000.

Attorney(s) appearing for the Case

Kevin M. Doyle, Capital Defender, Albany (Elizabeth Harrison of counsel), for petitioner.

Stephen F. Lungen, District Attorney of Sullivan County, Monticello, respondent pro se.

CARDONA, P. J., MERCURE, CREW III and PETERS, JJ., concur.

OPINION OF THE COURT

MUGGLIN, J.

On July 8, 1999, petitioner was arraigned on an 18-count indictment. Included were two counts of murder in the first degree. Petitioner, with representation by counsel from the Capital Defender's Office, entered a plea of not guilty to every count in the indictment. Pursuant to CPL 250.40, County Court established November 3, 1999 as the final date for the District Attorney to file notice of intention to seek the death penalty...

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