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MATTER OF OGLESBY v. McKINNEY

28 A.D.3d 153 (2006)

809 N.Y.S.2d 334

In the Matter of SIDNEY OGLESBY, as Onondaga County Commissioner of Jurors, et al., Respondents, v. LANGSTON C. MCKINNEY, as Syracuse City Court Judge, et al., Appellants.

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

February 3, 2006.

Attorney(s) appearing for the Case

Trevett, Lenweaver & Salzer, P.C., Rochester (James C. Gocker of counsel), and Costello, Cooney & Fearon, PLLC, Syracuse, for Langston C. McKinney, Syracuse City Court Judge, appellant.

Frank H. Hiscock Legal Aid Society, Syracuse (Charles A. Keller, III, of counsel), for Reginald Bradwell, appellant.

Sidney Oglesby, Commissioner of Jurors, respondent pro se, and William J. Fitzpatrick, District Attorney, Syracuse (Victoria M. White of counsel), respondent pro se.

Michael Colodner, New York City (Shawn Kerby of counsel), for Office of Court Administration, amicus curiae.

HURLBUTT, J.P., SCUDDER, MARTOCHE and SMITH, JJ., concur.

OPINION OF THE COURT

GORSKI, J.

In this appeal, we must determine, inter alia, whether the remedy of prohibition is available to petitioners to prevent a city court judge from requiring a county commissioner of jurors to provide a defendant in a criminal action in city court with a panel of prospective jurors comprised solely of residents of the city rather than...

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