Vergari v. Walsh

Proceeding pursuant to CPLR article 78 to prohibit the respondent Judge from enforcing his order dated September 28, 1982, and amplified from the Bench on September 29,1982, which, in a criminal action, held that the prosecution would not be permitted to introduce evidence of one element of the crime of usury in the first degree, i.e., that defendants’ conduct had been “part of a scheme or business of making or collecting usurious loans” (Penal Law, § 190.42), as defendants offered to concede that element and that, because of such ruling, he would neither read the statutory language of…