Simpson v. Swartwood

Proceeding pursuant to CPLR article 78 (brought on in this court [CPLR 506, subd (b), par 1]) seeking, inter alia, to prohibit respondents from taking further action to enforce the order of Supreme Court, Tioga County, directing petitioner to prosecute the misdemeanor charge in People v Frank L. Dean by indictment in the County Court of Tioga County. In his decision on respondent Dean’s motion for divestiture, the respondent Swartwood found that since respondent Dean is charged with a misdemeanor which could result in a term of imprisonment and, since the local criminal court is presided over…