Paciona v. Marshall

The judgment of the Appellate Division dismissing the petition should be affirmed solely on the ground that an article 78 proceeding, in the nature of prohibition, is not the proper vehicle for reviewing an alleged defect in the Grand Jury selection process.

A determination in a criminal case is not reviewable in an article 78 proceeding, in the nature of prohibition, unless the court in making the determination exceeded its jurisdictional powers. (See CPLR 7801, subd. 2; e.g., Matter of Lee v. County Ct. of Erie County, 27 N Y 2d 432; Matter of Proskin v. County Ct. of Albany County, 30 N Y…