Legal Opinion

Lucas v. Scheinman

Appellate Division of the Supreme Court of the State of New York

Decided September 2, 1981PublishedCited by 1 opinion

1Opinion of the Court

Application, pursuant to CPLR article 78, for judgment in the nature of prohibition, denied, without costs, and petition dated July 16,1981 dismissed. The extraordinary remedy of *970prohibition is unavailable to review, at this stage of a criminal proceeding, matters such as the alleged bias or prejudice of a Trial Judge which can be raised upon direct appeal from a judgment of conviction (see Matter of Legal Aid Soc. of Sullivan County v Scheinman, 53 NY2d 12; Matter of Fitzgerald v Wells, 9 AD2d 812, mot for rearg or lv to app den 10 AD2d 654, mot for lv to app den 7 NY2d 711, app dsmd 9 NY2d…

2Cases cited3 opinions

  1. Legal Aid Society of Sullivan County, Inc. v. ScheinmanNew York Court of Appeals · 1981
  2. Fitzgerald v. WellsAppellate Division of the Supreme Court of the State of New York · 1959
  3. Fitzgerald v. WellsAppellate Division of the Supreme Court of the State of New York · 1960

3Cited by1 opinion

  1. Konigsberg v. ScheinmanAppellate Division of the Supreme Court of the State of New York · 1982

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