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Legal Opinion

MATTER OF STATE OF NY v. King

New York Court of Appeals

Decided January 17, 1975PublishedCited by 317 opinions

1Opinion of the Court

Chief Judge Breitel.

The threshold issue on this appeal is whether prohibition or mandamus under CPLR article 78 may lie to undo what may be assumed to be an egregious error of law in a criminal action, and which, for the purposes of the present review, may also be assumed to have been prejudicial to the rights of the People who instituted the special proceeding. If this be a correct statement of the issue it must be resolved in the negative and the judgment rendered ,by the Appellate Division reversed and the People’s petition dismissed.

As part of a series of criminal prosecutions stemming…

2Cases cited5 opinions

  1. People v. DoranNew York Court of Appeals · 1927
  2. People v. . ZerilloNew York Court of Appeals · 1911
  3. People v. BennettNew York Supreme Court · 1973
  4. People v. Attica Bros.New York Supreme Court · 1974
  5. People v. JohnNew York Supreme Court · 1973

3Cited by317 opinions

  1. People v. SeabergNew York Court of Appeals · 1989
  2. Legal Aid Society of Sullivan County, Inc. v. ScheinmanNew York Court of Appeals · 1981
  3. Rush v. MordueNew York Court of Appeals · 1986
  4. Holtzman v. GoldmanNew York Court of Appeals · 1988
  5. La Rocca v. LaneNew York Court of Appeals · 1975

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