Pasternack v. Block

James S. Bbowu, Jb., J.

This is a proceeding under article 78 of the Civil Practice. Act in the nature of prohibition to restrain respondents from proceeding with the trial of petitioner.

Petitioner was charged with a violation of section 435-5.0 of the New York City Administrative Code (unnecessary noise) and a trial begun before a Magistrate of the City of New York. The complaining witness appeared without counsel and, after inquiry as to an adjournment to obtain counsel, the court marked the case ready and stated the District Attorney would represent the complainant. The record discloses…