Santucci v. Rotker

Petitioner, the District Attorney of Queens County, seeks to vacate an order of Supreme Court Justice Seymour Rotker. Petitioner contends that the determination that the criminal defendants were entitled to an order of preclusion was not supported by substantial evidence, and was an abuse of discretion. It is well established that the extraordinary remedy of prohibition “does not lie as a means of seeking a collateral review of an error of law, no matter how egregious that error might be, in a pending criminal proceeding, but only where the very jurisdiction and power of the court are in…