STATE v. CUOMO

No. 12-438.

86 A.3d 1039 (2013)

2013 VT 101

STATE of Vermont v. George CUOMO.

Supreme Court of Vermont.

October 18, 2013.


Attorney(s) appearing for the Case

William H. Sorrell , Attorney General, and John Treadwell , Assistant Attorney General, Montpelier, for Plaintiff-Appellee.

David C. Sleigh and Kyle L. Hatt of Sleigh Law, St. Johnsbury, for Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, SKOGLUND and BURGESS, JJ., and TOOR, Supr. J., Specially Assigned.


BURGESS, J.

¶ 1. Defendant appeals an order of the Superior Court, Orleans Unit, Criminal Division, denying his motion to dismiss a two-count information alleging kidnapping and aggravated domestic assault. Defendant contends that the Orleans County State's Attorney who filed the information, Alan Franklin, was invalidly appointed, and that his prosecutions are therefore unlawful and violate due process. The trial court disagreed, concluding the appointment was...

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