in Matter of Robert M. Morgenthau v. Levittan

OPINION OF THE COURT

Hilda G. Schwartz, J.

Petitioner, the District Attorney of New York County, seeks judgment in this CPLR article 78 proceeding in the nature of prohibition, vacating the conviction and sentence of respondent Jose Agosta on February 12, 1983, on the ground that respondent Levittan, as Judge of the Criminal Court of the City of New York, acted in excess of that court’s jurisdiction.

On February 12, 1983, respondent Agosta appeared before respondent Levittan for arraignment on a felony complaint, charging him with robbery in the second degree (Penal Law, § 160.10). According to…