Coonan v. Roberts

Application for an order pursuant to CPLR article 78 prohibiting trial and further proceedings pursuant to New York County Indictment No. 1771/79 denied and petition dismissed, without costs. Defendant and one Featherstone were indicted by the Fourth March 1979 Grand Jury and charged with murder in the second degree in connection with the November 22, 1978 fatal shooting of Harold Whitehead. Defendant contends that the indictment is a nullity and should be quashed because the Fourth March 1979 Grand Jury was unlawfully impaneled and extended on March 29, 1979, in that (1) the application to…