Legal Opinion

De Vito v. Aylward

New York Supreme Court

Decided April 5, 1974PublishedCited by 5 opinions

1Opinion of the CourtJ. Bobebt Lynch, J.

The petitioner has a jury trial pending in the City Court of Watertown on the charge of driving while intoxicated. By this motion she seeks under article 78 of the CPLB, to restrain the City Judge, Acting City Judge and the District Attorney from proceeding further, asserting that the City Court has lost jurisdiction of the action for the following reasons: (1) that she has been denied her constitutional right to a speedy trial; (2) that the court’s temporary suspension of her driver’s license pending the trial was unconstitutional; (3) that an examination by the court of the record of her…

2Cases cited5 opinions

  1. People v. ProsserNew York Court of Appeals · 1955
  2. Reitz v. MealeySupreme Court of the United States · 1941
  3. Herkel v. KellyNew York Supreme Court · 1958
  4. Robertson v. TomsonNew York Supreme Court · 1969
  5. Lemyre v. LippmanNew York Supreme Court · 1968

3Cited by5 opinions

  1. Buckson v. HarrisAppellate Division of the Supreme Court of the State of New York · 1988
  2. Ryan v. SmithNew York Supreme Court · 1988
  3. People v. ForgetteCriminal Court of the City of New York · 1988
  4. Hale v. JayJustice Court of Town of Greenburgh · 1979
  5. People v. Meisenzahl, New York County Courts1981

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