Legal Opinion

Emmi v. Burke

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

Decided February 7, 1997PublishedCited by 5 opinions

1Opinion of the Court

—Petition unanimously dismissed without costs. Memorandum: In this original CPLR article 78 proceeding, petitioner seeks to prohibit respondents from proceeding on Onondaga County indictment No. 96-0612-1 and further seeks dismissal of that indictment. Petitioner, who was employed as a pharmacist at the State University of New York Health Science Center, was charged in that indictment with the crimes of grand larceny in the first degree (Penal Law § 155.42) and criminal diversion of prescription medications and prescriptions in the second degree (Penal Law § 178.20) for wrongfully taking and…

2Cases cited5 opinions

  1. People v. Baghai-KermaniNew York Court of Appeals · 1994
  2. Landau v. HynesNew York Court of Appeals · 1979
  3. People v. Baghai-KermaniAppellate Division of the Supreme Court of the State of New York · 1993
  4. Haggerty v. HimeleinAppellate Division of the Supreme Court of the State of New York · 1995
  5. Du Rose v. MerrellAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by5 opinions

  1. Andrew F. Capoccia, L. L. C. v. SpitzerAppellate Division of the Supreme Court of the State of New York · 2000
  2. Kimyagarova v. SpitzerAppellate Division of the Supreme Court of the State of New York · 2005
  3. People v. Marketing & Advertising Services Center Corp.Appellate Division of the Supreme Court of the State of New York · 2000
  4. People v. GilmourNew York Supreme Court · 1998
  5. Fetcho v. BrandtAppellate Division of the Supreme Court of the State of New York · 1997

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