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In Re Powers

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eBook details

  • Title: In Re Powers
  • Author : Appellate Division, Fourth Department, New York Supreme Court
  • Release Date : January 10, 1998
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

Petition unanimously dismissed without costs. Memorandum: Petitioner commenced this original CPLR article 78 proceeding in the nature of mandamus to compel respondents to disclose Grand Jury minutes relating to an indictment charging petitioner with murder in the second degree and criminal possession of a weapon in the fourth degree. In refusing petitioners request to reduce bail in the criminal action, Supreme Court acknowledged that it had read those minutes. Petitioner now contends that she and her attorney should be allowed to review the minutes in order to prepare a new bail application and respond to questions raised by the Grand Jury testimony. We conclude that mandamus is not available in this situation and that the petition must be dismissed.


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