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SOARES v. HERRICK

510896.

88 A.D.3d 148 (2011)

928 N.Y.S.2d 386

2011 NY Slip Op 6158

In the Matter of P. DAVID SOARES, as District Attorney of Albany County, Petitioner, v. STEPHEN W. HERRICK, as Judge of the County Court of Albany County, Respondent, and NAOMI LOOMIS et al., Respondents.

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

Decided August 4, 2011.

Attorney(s) appearing for the Case

P. David Soares , District Attorney, Albany ( Christopher D. Horn of counsel), for petitioner.

Dreyer Boyajian, L.L.P., Albany ( William J. Dreyer of counsel) and E. Stewart Jones, P.L.L.C., Troy ( E. Stewart Jones Jr. of counsel), for Naomi Loomis and others, respondents.

MALONE JR. and GARRY, JJ., concur with PETERS, J.P.; ROSE, J., dissents in a separate opinion in which LAHTINEN, J., concurs.

OPINION OF THE COURT

PETERS, J.P.

In 2007, petitioner obtained an indictment against respondents Naomi Loomis, Robert Loomis, Kenneth Michael Loomis, Kirk Calvert and Tony Palladino (hereinafter collectively referred to as the defendants) in connection with the alleged sale of steroids and other prescription drugs over the Internet. When the defendants challenged the indictment against them, respondent County Judge...

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