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MATTER OF CUNNINGHAM, SR. v. DWYER

302 A.D.2d 888 (2003)

754 N.Y.S.2d 499

In the Matter of GREGORY P. CUNNINGHAM, SR., Petitioner, v. MICHAEL L. DWYER, as Oneida County Judge, et al., Respondents.

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

Decided February 7, 2003.

It is hereby ordered that said petition be and the same hereby is unanimously denied without costs.

Memorandum:

Petitioner commenced this proceeding seeking a writ of prohibition preventing respondents from prosecuting him on larceny and forgery charges on which he previously had been prosecuted in another county. An indictment was filed in Montgomery County charging petitioner with one count of grand larceny in the second degree (Penal Law § 155.40 ...

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