MATTER OF CASE v. SEDITA

258 OP 14-01594

128 A.D.3d 1328 (2015)

8 N.Y.S.3d 744

2015 NY Slip Op 03630

In the Matter of ROBERT CASE, JR., Petitioner, v. FRANK A. SEDITA, III, Erie County District Attorney, et al., Respondents.

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

Decided May 1, 2015.


Proceeding pursuant to CPLR article 78 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 506 [b] [1]) to prohibit the continued prosecution of Erie County indictment No. 01158-2012.

It is hereby ordered that said petition is unanimously granted in part without costs, and judgment is granted in accordance with the following memorandum: Petitioner commenced this CPLR article 78 proceeding in this Court pursuant...

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