McGrath v. Gold

Proceeding pursuant to article 78 of the CPLR to prohibit respondents from further prosecuting petitioners under two indictments (Nos. 6334/1972 and 6652/1973). Proceeding dismissed, without costs. Martuscello, Latham, Cohalan and Benjamin, JJ., concur; Gulotta, P. J., dissents and votes to grant the application, with the following memorandum: In this article 78 proceeding in the nature of prohibition, petitioners seek to prevent respondents, Justices of the Supreme Court and the District Attorney of Kings County, from prosecuting them under two indictments. The authorities suspected…