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MATTER OF CANTWELL v. RYAN

309 A.D.2d 1042 (2003)

766 N.Y.S.2d 135

In the Matter of RICHARD E. CANTWELL, as District Attorney of Clinton County, Petitioner, v. KEVIN K. RYAN, as Acting Judge, County Court of Clinton County, Respondent.

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

Decided October 23, 2003.

Crew III, J.

On June 9, 2002, Lawrence Crouthers shot and killed an individual he believed was about to burglarize his home. Following a police investigation, petitioner, the Clinton County District Attorney, presented evidence to a grand jury and instructed that body to consider whether there was reasonable cause to believe that Crouthers committed either intentional or reckless murder. Following deliberations, the grand jury returned a no true bill. Some 30 days...

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