James N. v. D'Amico

Petitioner seeks a judgment of this court pursuant to CPLR 7803 (2) prohibiting the County Judge and the District Attorney from compelling him to provide a cast of an impression of his teeth for use in the investigation of a homicide. Petitioner alleges that the court acted in excess of its power because it issued the order in the absence of a showing of probable cause to believe that petitioner had committed the crime being investigated (see, Matter of Abe A., 56 NY2d 288). "When a petitioner seeks relief in the nature of prohibition pursuant to CPLR 7803 (2), the court must make a…