Legal Opinion
People v. Leahy
New York Court of Appeals
Decided November 22, 1988PublishedCited by 27 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
A Special District Attorney, appointed to investigate and prosecute "a particular case” in Nassau County pursuant to County Law § 701, presented evidence to a Grand Jury and secured an indictment against appellant Leahy, who was not among the five specifically named persons in the appointing order. The Nassau County Court dismissed the indictment as *512beyond the authority of the special prosecutor. The Appellate Division reversed and reinstated it. Inasmuch as we agree with the County Court that County Law § 701 limits a Special District Attorney’s authority to…
2Cases cited7 opinions
- Dondi v. JonesNew York Court of Appeals · 1976
- Schumer v. HoltzmanNew York Court of Appeals · 1983
- B. T. Productions, Inc. v. BarrNew York Court of Appeals · 1978
- Della Pietra v. StateNew York Court of Appeals · 1988
- Additional January 1979 Grand Jury of Albany Supreme Court v. DoeNew York Court of Appeals · 1980
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Soares v. HerrickNew York Court of Appeals · 2012
- People v. WilliamsNew York Court of Appeals · 1989
- MATTER OF JOHNSON v. PatakiNew York Court of Appeals · 1997
- Cloke v. PulverAppellate Division of the Supreme Court of the State of New York · 1998
- Harvey v. County of RensselaerNew York Court of Appeals · 1994
22 more not listed; retrieve them via the Exa API.