Legal Opinion

Matter of Scranton v. Supreme Court of the State of New York

New York Court of Appeals

Decided February 27, 1975PublishedCited by 8 opinions

1Opinion of the Court

Memorandum. The judgments of the Appellate Division should be affirmed,, without costs. A claim of a denial of a speedy trial is not cognizable in an application pursuant to CPLB article 78 for a judgment prohibiting a District Attorney and the Justices of the Supreme Court from proceeding on an indictment. (Matter of Watts v. Supreme Ct. of State of N. Y., 28 N Y 2d 714; Matter of Lee v. County Ct. of Erie County, 27 N Y 2d 432, 437; Matter of Blake v. Hogan, 25 N Y 2d 747.) While a double jeopardy claim may be raised in a prohibition proceeding (Matter of State of New York v. King, 36 N Y…

2Cited by8 opinions

  1. United States of America Ex Rel. Agnes Scranton v. The State of New YorkCourt of Appeals for the Second Circuit · 1976
  2. Root v. KapelmanAppellate Division of the Supreme Court of the State of New York · 1979
  3. Rafferty v. OwensAppellate Division of the Supreme Court of the State of New York · 1981
  4. Matter of Lopez v. Justices of the Supreme Court of New York CountyNew York Court of Appeals · 1975
  5. Valenti v. MarkAppellate Division of the Supreme Court of the State of New York · 1977

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