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PEOPLE v. CHRISTENSEN

21 Misc.3d 608 (2008)

864 N.Y.S.2d 845

In the Matter of THE PEOPLE OF THE STATE OF NEW YORK, Petitioner, v. FRANCIS J. CHRISTENSEN, as Justice of the Town of Milan, et al., Respondents.

Supreme Court, Dutchess County.

September 2, 2008.

Attorney(s) appearing for the Case

Paul Salvino, Albany, and Andrew M. Cuomo, Attorney General, Poughkeepsie (Robert J. Conflitti of counsel), for New York State Police.

Gellert & Klein P.C., Poughkeepsie (Scott Volkman of counsel), for Francis G. Christensen, respondent.

Walsh Wicks & Salisbury, Red Hook (Douglas Wicks of counsel), for Carol Sussman, respondent.

Marshall L. Brenner, Poughkeepsie, amicus curiae.

OPINION OF THE COURT

GEORGE D. MARLOW, J.

Petitioner, the People of the State of New York, seeks a writ of prohibition pursuant to CPLR 7803 (2) against respondent Town of Milan Justice Francis Christensen (hereinafter Town Justice) for exceeding his judicial authority in granting respondent Carol I. Sussman's motion to dismiss, in the underlying prosecution of a speeding violation, to the extent of accepting a plea to a lesser offense without the consent...

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