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MATTER OF DAMIANO v. CONBOY

3 Misc.3d 493 (2004)

772 N.Y.S.2d 800

In the Matter of THOMAS M. DAMIANO, Petitioner, v. JAMES E. CONBOY, as District Attorney of the County of Montgomery, Respondent.

Supreme Court, Montgomery County.

February 20, 2004.

Attorney(s) appearing for the Case

Tobin & Dempf, LLP (Kevin A. Luibrand of counsel), for petitioner.

Douglas E. Landon, County Attorney, for respondent.

OPINION OF THE COURT

JOSEPH M. SISE, J.

Proceeding by petitioner pursuant to CPLR article 78 in the nature of mandamus to compel.

On June 30, 2002, petitioner was arrested in the City of Amsterdam, Montgomery County, upon a felony complaint charging him with the crime of conspiracy in the second degree (Penal Law § 105.15). He was arraigned and released on bail the same day. Subsequently, in...

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