MATTER OF PIRRO v. Angiolillo

I conclude that an affirmance of the Appellate Division’s judgment denying prohibition is in order and, thus, respectfully dissent.

At the threshold, the exceptional writ of prohibition should not be granted, even assuming the writ does lie, which I contend it does not. The People’s "clear” entitlement to its issuance is at least arguable, because the case turns on a subtle statutory interpretation of continuing trial court authority. That analysis alone ought to be enough to sustain the prudential result of the intermediate appellate court, which ordinarily allows trial and sentencing courts…