Smith v. Supreme Court

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the Supreme Court, Kings County, and James F. Imperatrice, the Chief Clerk of Kings County, to issue a determination in accordance with CPL 440.30 (7) on the petitioner’s motion pursuant to CPL 440.10 to set aside the verdict rendered in People v Kevin Smith in the Supreme Court, Kings County, under indictment No. 2183/86, which motion was denied on November 22, 1988.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

*570Under the circumstances of this case, while mandamus…