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  5. 64 N.Y.2d 718 (1984)
 

MATTER OF MOLEA v. MARASCO

64 N.Y.2d 718 (1984)

In the Matter of Anthony A. Molea, as Acting District Attorney of Westchester County, Respondent, v. Carmine C. Marasco, as Judge of the County Court, Westchester County, et al., Respondents, and Kevin Magee, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1984.

Attorney(s) appearing for the Case

David B. Weisfuse and Stephen J. Pittari for appellant.

Carl A. Vergari, District Attorney (Diane E. Selker, Gerald D. Reilly and Anthony J. Servino of counsel), for petitioner-respondent.

Chief Judge COOKE and Judges JONES, WACHTLER and MEYER concur in memorandum; Judge SIMONS dissents and votes to affirm in an opinion in which Judges JASEN and KAYE concur.

MEMORANDUM.

The judgment of the Appellate Division should be reversed, without costs, and the petition dismissed.

Defendant was charged in a felony complaint with attempted rape in the first degree and burglary in the first degree. After he rejected a plea offer, his counsel, the District Attorney and the court agreed that a preliminary hearing would be held. At the beginning of the hearing, defense counsel made an...

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