People v. Christensen

OPINION OF THE COURT

George D. Marlow, J.

Petitioner, the People of the State of New York, seeks a writ of prohibition pursuant to CPLR 7803 (2) against respondent Town of Milan Justice Francis Christensen (hereinafter Town Justice) for exceeding his judicial authority in granting respondent Carol I. Sussman’s motion to dismiss, in the underlying prosecution of a speeding violation, to the extent of accepting a plea to a lesser offense without the consent of the prosecuting authority.

Before the petition’s merits and the parties’ various contentions may be evaluated and analyzed, a history of…