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MATTER OF DUVE v. RICHARDS

510121.

81 A.D.3d 1226 (2011)

917 N.Y.S.2d 744

In the Matter of NICOLE M. DUVE, on Behalf of THE PEOPLE OF THE STATE OF NEW YORK, Petitioner, v. JEROME J. RICHARDS, as Judge of the County Court of St. Lawrence County, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided February 24, 2011.

SPAIN, J.

After a home was burglarized in St. Lawrence County in December 2009, three people were charged by felony complaint with burglary in the second degree: Mickey Kerrick, Mitchell Printup and Louis J. Smith Jr. Smith entered into a plea bargain with petitioner, the District Attorney of St. Lawrence County, requiring his cooperation and testimony before the grand jury. Petitioner presented the burglary case to a grand jury, term 5, which was scheduled to end...

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