Legal Opinion
Sedore v. Epstein
Appellate Division of the Supreme Court of the State of New York
Decided September 30, 2008PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Spolzino, J.P
May a district attorney delegate the prosecution of a criminal action to an attorney retained by the complaining witness? If *62not, does the defendant’s remedy lie in a proceeding pursuant to CPLR article 78 in the nature of prohibition against the judge before whom the action is commenced? We conclude that such a delegation is improper and that relief is available in this proceeding.
These issues arise from an incident that occurred at a meeting of the Board of Managers of the Locust Grove Condominium in the Town of Fishkill. As a result of that incident, the…
2Cases cited41 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Berger v. United StatesSupreme Court of the United States · 1935
- People v. RosarioNew York Court of Appeals · 1961
- Young v. United States Ex Rel. Vuitton Et Fils S. A.Supreme Court of the United States · 1987
- Rush v. MordueNew York Court of Appeals · 1986
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3Cited by3 opinions
- Mikhail v. KahnDistrict Court, E.D. Pennsylvania · 2014
- Mayline Enterprises, Inc. v. Milea Truck Sales Corp.District Court, S.D. New York · 2009
- In re JacksonDistrict of Columbia Court of Appeals · 2012