SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT
August 13, 1968
IN THE MATTER OF JOHN WRIGHT, PETITIONER,
SHELDON F. WICKES, AS COUNTY JUDGE OF THE COUNTY OF ESSEX, ET AL., RESPONDENTS
Gibson, P. J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur.
Application pursuant to CPLR, article 78, to prohibit respondents from proceeding to try petitioner on charges contained in indictment No. 30/66. There is no showing that respondents are "about to proceed without or in excess of jurisdiction". (CPLR 7803, subd. 2.)
Application denied and petition dismissed, without costs.
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