Legal Opinion

Matter of Ellis v. Cawley

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

Decided October 26, 2017No. 524455PublishedCited by 4 opinions

1Opinion of the CourtRose, J.

Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506 [b] [1]) to prohibit respondents from trying petitioner in the County Court of Broome County on an indictment charging him with attempted murder in the first degree, attempted murder in the second degree, assault in the first degree, burglary in the first degree and burglary in the second degree.

During the course of petitioner’s trial on various charges stemming from his involvement in a violent home invasion, respondent Benjamin K. Bergman, the special prosecutor appointed to prosecute the case, discovered…

2Cases cited5 opinions

  1. Hearst Corp. v. ClyneNew York Court of Appeals · 1980
  2. Coleman v. DainesNew York Court of Appeals · 2012
  3. New York State Commission on Judicial Conduct v. RubensteinNew York Court of Appeals · 2014
  4. People v. SingletonAppellate Division of the Supreme Court of the State of New York · 2016
  5. Davis v. KohoutAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by4 opinions

  1. People v. EllisAppellate Division of the Supreme Court of the State of New York · 2020
  2. Matter of Cambridge Cent. Sch. Dist. v. New York State Educ. Dept.Appellate Division of the Supreme Court of the State of New York · 2023
  3. Matter of Heggen v. SiseAppellate Division of the Supreme Court of the State of New York · 2019
  4. Matter of Snyder v. FarrellAppellate Division of the Supreme Court of the State of New York · 2025

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