Legal Aid Society of Sullivan County, Inc. v. Scheinman

The petitioner herein seeks to compel the respondent, the Sullivan County Judge, to remove the charges pending against the petitioner in the Town Court of the Town of Mamakating, to the Grand Jury pursuant to CPL 170.25, for the reason that neither Justice of that town is a lawyer. The majority has concluded that the mandamus sought to obtain this relief is inappropriate because: (1) the application did not allege a traditional removal ground under that section; (2) that the statute is not mandatory but discretionary by the statutory use of the word "may”; (3) that the provisions of CPL…