Opinion
October 30, 2000.
Proceeding pursuant to CPLR article 78, in the nature of mandamus, in effect, to vacate the respondent's denial of the petitioner's motion to dismiss a criminal action pending against him under Queens County Indictment No. 2420/99, and application for poor person relief.
Keith Todd, E. Elmhurst, N.Y., petitioner pro se.
Eliot L. Spitzer, Attorney-General, New York, N.Y. (Charles F. Sanders of counsel), for respondent.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION, ORDER, JUDGMENT
ORDERED that the application for poor person relief is granted; and it is further,
ADJUDGED that the petition is denied and the proceeding is dismissed, without costs or disbursements.
The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only when there exists a clear legal right to the relief sought (see, Matter of Legal Aid Society of Sullivan County v. Scheinman, 53 N.Y.2d 12, 16). The petitioner has failed to demonstrate a clear legal right to the relief sought.