Tyler v. Polsky

The petitioner, a Justice of the New York State Supreme Court, was charged in Indictment No. S.P.O. N-109/76 with four counts of perjury in the first degree, *423emanating from his testimony before a Grand Jury on March 2 and May 20, 1976.

Petitioner made a motion before Justice Polsky to dismiss the indictment, claiming that the Grand Jury and the Special Prosecutor exceeded their jurisdiction, which motion was denied.

Petitioner then instituted this proceeding returnable in the first instance before this court (CPLR 506, subd [b], par 1), seeking, inter alia, a writ of prohibition against…