Oppenheim v. Williams

Josephine Johnson has been indicted for violating subdivision 1 of section 1751 of the Penal Law, a felony, and said criminal matter is now pending in the County Court of Sullivan County. The petitioner, her attorney, brings this article 78 proceeding for an order in the nature of mandamus to require respondents, the District Attorney and a Justice of *107the Peace before whom she was brought, to conduct an examination pursuant to section 190 of the Code of Criminal Procedure and to restrain the District Attorney from moving said indictment for trial prior to such examination.

It is alleged in the…