Roman v. Clyne

Appeal from a judgment of the Supreme Court (Cannizzaro, J.), entered November 6, 2003 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondents to dismiss the indictment against him.

Finding no proof that petitioner complied with the requirements of CPL 190.50 (5) (a), the County Court of Albany County denied his motion to dismiss the indictment. Dissatisfied with that decision, petitioner commenced this CPLR article 78 *1160proceeding in which he sought an order compelling the dismissal of the indictment. Supreme Court dismissed…