Legal Opinion
Matthews v. Nicandri
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 1998PublishedCited by 3 opinions
1Opinion of the Court
—Mercure, J.
Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506 [b] [1]) to prohibit respondents from proceeding to trial on an indictment charging petitioner with two counts of criminal sale of a controlled substance in the third degree.
A June 1997 indictment charged petitioner with two counts of criminal sale of a controlled substance in the third degree. The matter came on for trial on January 7, 1998. On the first day of trial, a jury was selected and sworn. During the following night, however, a severe ice storm struck the region (and, in fact, the entire…
2Cases cited6 opinions
- Holtzman v. GoldmanNew York Court of Appeals · 1988
- People v. FergusonNew York Court of Appeals · 1986
- People v. MichallowAppellate Division of the Supreme Court of the State of New York · 1994
- People v. HawkinsAppellate Division of the Supreme Court of the State of New York · 1996
- People v. LillyAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by3 opinions
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 2021
- Baim v. EidensAppellate Division of the Supreme Court of the State of New York · 2001
- Marte v. BerkmanAppellate Division of the Supreme Court of the State of New York · 2010