Legal Opinion
MATTER OF FRANCOIS v. Dolan
New York Court of Appeals
Decided May 18, 2000PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Levine, J.
The issue in this case is whether mandamus lies to compel County Court to entertain petitioner’s offer to plead guilty to all counts of the indictment charging him with capital murder, before the filing by the District Attorney of a notice of intent to seek the death penalty and prior to the expiration of the statutory period within which such notice may be filed. We agree with the Appellate Division that mandamus does not lie in this case because petitioner had no unqualified statutory right, let alone the required “clear legal right” for mandamus, to plead…
2Cases cited5 opinions
- United States v. JacksonSupreme Court of the United States · 1968
- MATTER OF HYNES v. TomeiNew York Court of Appeals · 1998
- Gwynne v. Board of Education of Union Free School District No. 3New York Court of Appeals · 1932
- East End Trust Co. v. OttenNew York Court of Appeals · 1931
- Hynes v. TomeiAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by9 opinions
- People v. HarrisNew York Court of Appeals · 2002
- People v. EdwardsNew York Court of Appeals · 2001
- People v. HallAppellate Division of the Supreme Court of the State of New York · 2002
- Parker v. PhillipsDistrict Court, W.D. New York · 2010
- Waldman v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2018
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