Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent William J. Condon, a Justice of the Supreme Court, Suffolk County, to vacate a judgment of conviction of the same court rendered February 8, 2013, in a criminal action entitled People v Smith, under indictment No. 1341-12, and application by the petitioner for poor person relief. Motion by the respondent County of Suffolk pursuant to CPLR 3211 (a) to dismiss the petition...
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