The New York State Appellate Division, Third Department, has found in favor of a Harris Beach client in an Article 78 proceeding, resulting in the dismissal of criminal charges against our client. The case involved allegations of grand larceny, petit larceny and falsifying business records against a public official in the Adirondack region.
Harris Beach Partner Karl Sleight took over the case after the client’s prior attorney fell ill during the client’s trial. After one charge was dismissed, Harris Beach filed a writ of prohibition with the Appellate Division, Third Department arguing that the crimes alleged occurred in a different county. The Appellate Division ruled unanimously in favor of our client and granted the writ of prohibition, preventing the case from continuing in the original county. The granting of the writ by the Appellate Division resulted in an end to the prosecution in its entirety.