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Napoli v. Justices of the Supreme Court

43 N.Y.2d 745 Court N.Y. Decision date 1977-11-22 English

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p. 745
In the Matter of James Napoli, Jr., Appellant, v Justices of the Supreme Court of Kings County et al., Respondents.
Submitted October 17, 1977;
decided November 22, 1977

It cannot be determined on the indictments and the meager record now before the court whether the State prosecution is barred under CPL 40.20 (subd 2). (Cf. People v Abbamonte, 43 NY2d 74 .) Accordingly, inasmuch as it does not appear that movant is clearly entitled to the extraordinary remedy of prohibition, denial thereof cannot be said to be error.

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