City of Cohoes v. Spizowski

Mikoll, J. (dissenting).

I respectfully dissent and vote to affirm. Appellant prosecuted his motion to vacate the dismissal of a criminal charge against him in Cohoes Police Court, as a criminal proceeding pursuant to CPL 440.10 and the local criminal court treated it as such. It did not convert the *849proceeding to a civil action and require the petitioners herein to be brought in. The Cohoes Police Court in doing so went beyond its criminal court jurisdiction in its order vacating and canceling the release in question and directing that it be delivered to the defendant or his attorney for…