Parmeter v. Feinberg

Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to CPLR 506, subd [b], par 1) to *887prohibit respondents from trying petitioner in the County Court of Clinton County on an indictment charging him with criminal possession of marihuana in the first degree.

Petitioner was arrested in October, 1983 and charged in separate informations with growing marihuana without a license (Public Health Law, § 3382) and criminal possession of marihuana in the first degree (Penal Law, § 221.30). Twenty-five pounds of marihuana were found in his possession, with some eight pounds growing in…