Legal Opinion

Carey v. Kitson

Appellate Division of the Supreme Court of the State of New York

Decided April 4, 1983PublishedCited by 11 opinions

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

  1. MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
  2. La Rocca v. LaneNew York Court of Appeals · 1975
  3. Dondi v. JonesNew York Court of Appeals · 1976
  4. Lee v. County Ct. of Erie CountyNew York Court of Appeals · 1971
  5. People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894

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4Cited by11 opinions

  1. Rush v. MordueNew York Court of Appeals · 1986
  2. People v. Ohrenstein, Babbush, Sanzillo & MontaltoAppellate Division of the Supreme Court of the State of New York · 1989
  3. Gelinas v. BarrettAppellate Division of the Supreme Court of the State of New York · 1989
  4. People v. Scott, New York County Courts1984
  5. 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.

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