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MATTER MICHAEL MELDISH v. WILLIAM BRAATZ ET AL. (03/05/84)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 1984.NY.41286 <http://www.versuslaw.com>; 472 N.Y.S.2d 699; 99 A.D.2d 316 March 5, 1984 IN THE MATTER OF MICHAEL MELDISH, PETITIONER,v.WILLIAM BRAATZ ET AL., RESPONDENTS Proceeding pursuant to CPLR article 78 in the nature of prohibition to preclude petitioner's prosecution under Putnam County indictment No. 88/1982. Jacob D. Fuchsberg (Bennett M. Epstein of counsel), for petitioner. Joseph M. Costello, District Attorney (Thomas F. Purcell of counsel), for respondents. Mollen, P. J., Mangano, Weinstein, Brown and Rubin, JJ., concur. Author: Per Curiam


Proceeding pursuant to CPLR article 78 in the nature of prohibition to preclude petitioner's prosecution under Putnam County indictment No. 88/1982.

Mollen, P. J., Mangano, Weinstein, Brown and Rubin, JJ., concur.

Author: Per Curiam

 OPINION OF THE COURT

Pursuant to Putnam County indictment No. 92/1982, petitioner and four co-defendants were charged jointly with the crime of assault in the second degree committed in the following manner: "The defendants, in the Town of Putnam Valley, County of Putnam and State of New York, on or about the 24th day of October, 1982, acting in concert and each aiding and abetting the other, with intent to cause serious physical injury to another person, to wit, John Joseph Mazzei, did cause such injury to John Joseph Mazzei by striking him around the head and body." Concomitantly, and as a result of the same Grand Jury presentation, the petitioner was separately indicted under Putnam County indictment No. 88/1982 and charged with the further crimes of assault in the first degree and reckless endangerment in the first degree committed as follows:

COUNT NO. 1

"The defendant, in the Town of Putnam Valley, County of Putnam and State of New York, on or about the 24th day of October, 1982, with intent to cause serious physical injury to another person, to wit, John Joseph Mazzei, did cause such injury to John Joseph Mazzei by ...


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