Legal Opinion
Morgenthau v. Erlbaum
New York Court of Appeals
Decided June 7, 1983PublishedCited by 181 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
On rare occasions, a criminal court will make an interlocutory ruling in favor of a defendant that will both *146affect fundamental rights and have implications reaching far beyond the immediate case in which the order is made. In such situations and when the controversy is purely a legal one, an independent action for declaratory relief against the ruling Judge may be allowed where the circumstances warrant.
Respondent William M. Erlbaum is a Judge of the Criminal Court of the City of New York, New York County. In 1981, two women accused of prostitution,…
2Cases cited28 opinions
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Baldwin v. New YorkSupreme Court of the United States · 1970
- Callan v. WilsonSupreme Court of the United States · 1888
- Codispoti v. PennsylvaniaSupreme Court of the United States · 1974
- MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
23 more not listed; retrieve them via the Exa API.
3Cited by181 opinions
- People v. MateoNew York Court of Appeals · 2004
- Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
- Klostermann v. CuomoNew York Court of Appeals · 1984
- Schumer v. HoltzmanNew York Court of Appeals · 1983
- State v. WolowitzAppellate Division of the Supreme Court of the State of New York · 1983
176 more not listed; retrieve them via the Exa API.