Carey v. Kitson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*51OPINION OF THE COURT
2Per curiam
In this original proceeding pursuant to CPLR article 78, petitioner seeks to, inter alia, prohibit respondent from trying him under Indictment No. 3131/81 on the ground that he had been granted immunity from prosecution based on his testimony before a Suffolk County Grand Jury in April, 1980 “directly relating to the transactions charged in the indictment”.
The two issues to be resolved on this proceeding are as follows:(1) Can petitioner’s claim of transactional immunity be raised in an original proceeding under CPLR article 78 for a writ of prohibition? and if it can,(2)…
3Cases cited30 opinions
- MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
- La Rocca v. LaneNew York Court of Appeals · 1975
- Dondi v. JonesNew York Court of Appeals · 1976
- Lee v. County Ct. of Erie CountyNew York Court of Appeals · 1971
- People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
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4Cited by11 opinions
- Rush v. MordueNew York Court of Appeals · 1986
- People v. Ohrenstein, Babbush, Sanzillo & MontaltoAppellate Division of the Supreme Court of the State of New York · 1989
- Gelinas v. BarrettAppellate Division of the Supreme Court of the State of New York · 1989
- People v. Scott, New York County Courts1984
- People v. WeismanAppellate Division of the Supreme Court of the State of New York · 1997
6 more not listed; retrieve them via the Exa API.