Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondents from proceeding with a criminal action entitled People v Rachelle, pending in the Supreme Court, Nassau County, under indictment No. 1387N/12.
Adjudged that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements.
"[A] petitioner seeking a writ of prohibition must demonstrate that: (1) a body or officer is acting...
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