Legal Opinion

Merola v. Walsh

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

Decided June 13, 1980PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

The District Attorney of Bronx County has applied for a writ of prohibition (CPLR art 78), the express purpose of which is to bar an acting Justice of the Supreme Court from continuing to preside over the trial of a case in which, for some days, a jury has been in the process of selection.1 The ground assigned is that actions and expressions by the court, consisting mainly in refusing to sustain challenges for cause directed against certain veniremen, have created an atmosphere of judicial bias in favor of the defendant on trial and will probably, by continued practices of…

3Cases cited6 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. People v. BranchNew York Court of Appeals · 1979
  4. People v. . PatrickNew York Court of Appeals · 1905
  5. Katz v. DenzerAppellate Division of the Supreme Court of the State of New York · 1979

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4Cited by2 opinions

  1. Johnson v. HornblassAppellate Division of the Supreme Court of the State of New York · 1983
  2. Electchester Housing Project, Inc. v. RosaAppellate Division of the Supreme Court of the State of New York · 1996

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