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Legal Opinion

McClure v. County Court of Dutchess

Appellate Division of the Supreme Court of the State of New York

Decided March 19, 1973PublishedCited by 7 opinions

1Opinion of the CourtShapiro, J.

The basic question in this proceeding pursuant to article 78 of the CPLR to restrain the respondents, County Judges of Dutchess County, from proceeding to try Morris Kovacs (the petitioner is one of Kovacs’ attorneys) under an indictment (235-72) returned against him is whether the indict*149ment was found by a legally constituted Grand Jury. The facts are not in dispute.

The District Attorney of Dutchess County, considering himself disqualified, obtained an order from a Dutchess County Judge (pursuant to section 701 of the County Law) under which Anthony L. Pagones, Esq. was designated “ as a…

2Cited by7 opinions

  1. People v. WilliamsNew York Court of Appeals · 1989
  2. Steinbeck v. Iowa District Court Ex Rel. Linn CountySupreme Court of Iowa · 1974
  3. In re Reports of Nassau County Grand Jury for April 1975 Term, New York County Courts1976
  4. Pesner v. County Court of RocklandAppellate Division of the Supreme Court of the State of New York · 1973
  5. People v. HellerNew York Supreme Court · 1984

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