Borrell v. Hanophy

Proceeding pursuant to CPLR article 78, inter alia, to prohibit the respondents from proceeding to the trial of a criminal action entitled People v Julio Borrell, under Queens County Indictment No. 2580/95, and to dismiss the indictment.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

The extraordinary remedy of prohibition is available only where there is a clear legal right, and then only when a court—in cases where judicial authority is challenged—acts or threatens to act either without jurisdiction or in excess of its authorized powers…