Cosgrove v. Armer

— Application unanimously denied and petition dismissed, without costs. Memorandum: The petitioner, District Attorney of Erie County, instituted this original article 78 proceeding in the nature of prohibition. He seeks a judgment prohibiting respondent, a Justice of the Supreme Court, from giving certain jury instructions in a criminal case which involves a driving while intoxicated charge. In petitioner’s view, the proposed charge erroneously permits the jury to consider the punishment to be imposed upon finding defendant guilty. While conceding that respondent has jurisdiction in the case,…