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MTR. OF JOHNSON v. PRICE

28 A.D.3d 79 (2006)

810 N.Y.S.2d 133

In the Matter of ROBERT T. JOHNSON, on Behalf of the PEOPLE OF THE STATE OF NEW YORK, Petitioner, v. RICHARD LEE PRICE et al., Respondents.

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

February 2, 2006.

Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney, Bronx (Joseph N. Ferdenzi and Mary Jo L. Blanchard of counsel, petitioner pro se.

The Bronx Defenders, Bronx (Maria Tobia and David Jaros of counsel), for Scott Ortiz, respondent.

BUCKLEY, P.J., TOM, GONZALEZ and MALONE, JJ., concur.

OPINION OF THE COURT

SAXE, J.

The District Attorney of Bronx County brings this CPLR article 78 petition seeking relief in the nature of a writ of prohibition against respondent Supreme Court Justice. The petition challenges a ruling made following the conviction of respondent Scott Ortiz, after a jury trial, of burglary in the third degree. In the context of the People's application that convicted defendant...

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