Hauser v. Schlissel

This proceeding, in the nature of a writ of prohibition, has been brought pursuant to article 78 of the Civil Practice Act and is to restrain certain public officials from any further prosecution of the defendant under an information charging a violation of subdivision 4 of section 1897 of the Penal Law.

The defendant was arrested upon an information, sworn to by a complaining witness on July 14, 1960. It charged the defendant with a violation of subdivision 5-a of section 1897 of the Penal Law—a felony. Thereafter, upon the defendant’s demurrer, Hon. Abraham Schlissel, City Judge of Long…