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IN THE MATTER OF CANTWELL v. RYAN

3 N.Y.3d 626 (2004)

816 N.E.2d 183

782 N.Y.S.2d 394

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

Court of Appeals of the State of New York.

Decided June 24, 2004.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Robin A. Forshaw, Peter B. Pope, Daniel Smirlock and Wayne Benjamin of counsel), for appellant.

New York Prosecutors Training Institute, Inc., Albany (Robert J. Conflitti and Susan L. Valle of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be affirmed without costs.

Days after a grand jury returned a "no true bill" in connection with intentional and depraved indifference murder charges (Penal Law § 125.25 [1], [2]) against Lawrence Crouthers, the County Court Judge learned of the concerns of a grand juror who felt it might be appropriate to reconvene the grand jury so that it could consider lesser charges...

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