Opinion
Argued June 8, 1971
Decided July 7, 1971
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.
John E. Shaffer for appellant.
Thomas J. Mackell, District Attorney ( Kenneth Ross Wolfe of counsel), respondent, pro se. Louis J. Lefkowitz, Attorney-General ( Charles A. La Torella, Jr. and Samuel A. Hirshowitz of counsel), for Supreme Court, County of Queens, respondent.
Order affirmed, without costs. We find nothing in this case to warrant resort to the extraordinary remedy of prohibition (see Matter of Lee v. County Ct. of Erie County, 27 N.Y.2d 432, 438). No opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.