Legal Opinion

Colf v. Serra

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

Decided May 21, 1982Published

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

We find no basis in the petition for granting the extraordinary relief of prohibition (see Matter of State of New York v King, 36 NY2d 59; Matter of Rossettie v Finnerty, 85 AD2d 928; Matter of Haley v Darrigrand, 64 AD2d 862).

As contradistinguished from People ex rel. Flinn v Barr (259 NY 104) where the successive indictments resulted from identical criminal conduct, the charges that defendant committed perjury in July, 1980 and in July, 1981 *485were predicated on two separate offenses based on different questions and answers before different Grand Juries and under different…

3Cases cited4 opinions

  1. MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
  2. People Ex Rel. Flinn v. BarrNew York Court of Appeals · 1932
  3. Rossettie ex rel. Young v. FinnertyAppellate Division of the Supreme Court of the State of New York · 1981
  4. Haley v. DarrigrandAppellate Division of the Supreme Court of the State of New York · 1978

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