Legal Opinion

Pollak v. Mogavero

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

Decided December 10, 1985PublishedCited by 1 opinion

1Opinion of the Court

*849Motions to dismiss proceeding commenced in this court pursuant to CPLR article 78 granted, without costs. Petitioner has an adequate remedy to raise his double jeopardy challenge on appeals from the judgments of conviction previously rendered and, therefore, the present proceeding does not lie (see, CPLR 7801 [1]; La Rocca v Lane, 37 NY2d 575). Kane, J. P., Main, Casey, Weiss and Mikoll, JJ., concur.

2Cases cited1 opinion

  1. La Rocca v. LaneNew York Court of Appeals · 1975

3Cited by1 opinion

  1. Matter of Davis v. NicholsAppellate Division of the Supreme Court of the State of New York · 2019