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Matter of Brown v. Rubin

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 1980
77 A.D.2d 608 (N.Y. App. Div. 1980)

Opinion

July 21, 1980


Proceeding pursuant to CPLR article 78 to compel the respondent to amend Indictment No. 78-00479-01 filed by the Grand Jury of Westchester County, which names petitioner as a defendant, to solely charge the offense of unlawful possession of marihuana. Proceeding dismissed on the merits, without costs or disbursements. Petitioner seeks to compel the respondent to amend the indictment charging criminal possession of marihuana in the third and fourth degrees to charge only a lesser included offense thereof. He has no right to this relief (see People v. Maier, 72 A.D.2d 754) and therefore the proceeding must be dismissed (see Matter of Association of Surrogates Supreme Ct. Reporters within City of N.Y. v. Bartlett, 40 N.Y.2d 571, 574). Mollen, P.J., Hopkins, Titone and Mangano, JJ., concur.


Summaries of

Matter of Brown v. Rubin

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 1980
77 A.D.2d 608 (N.Y. App. Div. 1980)
Case details for

Matter of Brown v. Rubin

Case Details

Full title:In the Matter of ZACK BROWN, Petitioner, v. ISAAC RUBIN, as Justice of the…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 21, 1980

Citations

77 A.D.2d 608 (N.Y. App. Div. 1980)