Matter of Wheeler v. Kahn

Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent Barbara Kahn, an Acting Justice of the Supreme Court, Suffolk County, to sentence the petitioner in accordance with his plea agreement of October 19, 2016, in a matter entitled People v Wheeler, pending in that court under indictment No. 1887B-2015, or in the nature of prohibition to prohibit the vacatur of the petitioner’s plea of guilty.

Adjudged that the petition and proceeding are dismissed for lack of subject matter jurisdiction insofar as asserted against the respondent Suffolk County…