Glenister v. La Mendola

Application unanimously denied and petition dismissed, without costs. Memorandum: In this CPLR article 78 proceeding in the nature of prohibition, petitioner seeks judgment compelling a County Court Judge to withdraw a decision directing entry of an order of dismissal of a criminal charge of loitering (Penal Law, § 240.35, subd 3) which was filed against petitioner in the City Court of Buffalo. Petitioner was convicted of the charge and on appeal to the County Court, a decision was rendered ordering that the conviction be reversed and the charge be dismissed because of insufficiency of the…