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IN THE MATTER OF ROSATO v. REED

13 A.D.3d 1175 (2004)

787 N.Y.S.2d 543

In the Matter of JOSHUA ROSATO, Petitioner, v. FREDERICK G. REED, as Ontario County Court Judge, et al., Respondents.

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

December 30, 2004.

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

Memorandum:

Petitioner commenced this original proceeding pursuant to CPLR article 78 to prohibit his prosecution under Indictment No. 04-04-064 on the ground that he is immune from prosecution based upon his testimony before the grand jury (see CPL 190.45, 190.50). As petitioner properly contends, prohibition lies where, as here, a petitioner claims...

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