Legal Opinion
Murphy v. Dwyer
Appellate Division of the Supreme Court of the State of New York
Decided May 17, 1984PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Weiss, J.
Does section 701 of the County Law, which provides for court appointment of a Special Prosecutor when the District Attorney is absent from court or upon his disqualification from acting in a particular case at a term of court, *377authorize such appointment when a District Attorney refuses, as a matter of policy adopted by him, to participate in an appeal from a conviction for violation of the Vehicle and Traffic Law? We think not and, for the reasons stated, grant the instant petition of the Rensselaer County Executive to the extent of vacating the order of…
2Cases cited12 opinions
- People v. CzajkaNew York Court of Appeals · 1962
- Board of Supervisors v. AulisiAppellate Division of the Supreme Court of the State of New York · 1978
- Board of Supervisors v. AulisiNew York Court of Appeals · 1978
- Wilcox v. DwyerAppellate Division of the Supreme Court of the State of New York · 1980
- People v. BowmanCriminal Court of the City of New York · 1976
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3Cited by4 opinions
- Cloke v. PulverAppellate Division of the Supreme Court of the State of New York · 1998
- Holtzman v. HellenbrandAppellate Division of the Supreme Court of the State of New York · 1987
- Soares v. HerrickAppellate Division of the Supreme Court of the State of New York · 2011
- People v. GentileNew York Supreme Court · 1992