Criminal Law · MBE-tested
In the Matter of Miles F. McDonald, as District Attorney of the County of Kings, Petitioner, against Alfred V. Norton, as a Justice of the Supreme Court of the State of New York, et al., Respondents
281 A.D. 830·New York Supreme Court, Appellate Division·1953·NY
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Opinion
Second Department,
February, 1953.
(February 2, 1953.)
In the Matter of Miles F. McDonald, as District Attorney of the County of Kings, Petitioner, against Alfred V. Norton, as a Justice of the Supreme Court of the State of New York, et al., Respondents.
[MAJORITY]
Application denied and proceeding dismissed, without costs. The respondent Justice of the Supreme Court, by his decision, has not indicated that he is proceeding contrary to the provisions of subdivision 1 of section 344 of the Code of Criminal Procedure, or that he has exceeded the powers thereby granted. (Cf. Matter of Murphy v. Supreme Court, 294 N. Y. 440, 445.) Present — Adel, Acting P. J., Wenzel, MacCrate, Schmidt and Beldock, JJ.