Lamondie v. Main

Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to CPLR 506 [b] [1]) to prohibit respondents from trying petitioner in the County Court of Franklin County on an indictment charging him with criminal sale of marihuana in the third degree and criminal sale of marihuana in the fourth degree.

Petitioner was indicted for the criminal sale of marihuana in the third and fourth degrees. At his ensuing trial, after the jury was sworn in and opening statements were made, the *903prosecution called its first witness. In testifying, the witness referred to certain documents that had…