Mosley v. Gorfinkel

Petitioner brings this CPLR article 78 proceeding in the nature of mandamus to compel respondent, a Judge of the Criminal Court of the City of New York, to hold a preliminary hearing pursuant to CPL 170.75 on the misdemeanor charges filed against him by prosecutor’s information filed by direction of the Grand Jury.

Petitioner contends that this section mandates that respondent order such hearing upon petitioner’s request, while respondent argues that in the instant case evidence has already been presented to a Grand Jury for consideration and the said Grand Jury found that sufficient evidence…