Corr v. Clavin

OPINION OF THE COURT

Mario Pittoni, J.

Petitioner requests a judgment prohibiting the enforcement of an order of respondent, a District Court Judge, dated June 20, 1978, which rescinded respondent’s earlier order dated December 5, 1977, granting an application pursuant to CPL 180.50, to reduce the charge of burglary in the second degree in the Nassau County District Court to criminal trespass in the second degree.

Petitioner brings on this CPLR article 78 proceeding since petitioner claims that respondent exceeded his authorized powers by rescinding the order granting the reduction of *187the charge…