Legal Opinion

McGinley v. Hynes

New York Court of Appeals

Decided October 14, 1980PublishedCited by 55 opinions

1Opinion of the Court

OPINION OF THE COURT

Gabrielli, J.

In this article 78 proceeding, the Special Nursing Home Prosecutor appeals from an order of the Appellate Division, which granted petitioner’s request for relief in the nature of prohibition and directed the Special Prosecutor to refrain from presenting additional evidence to the Grand Jury in connection with his investigation of a particular hospital without first seeking and obtaining judicial approval to "resubmit” pursuant to CPL 190.75 (subd 3). The present appeal requires us to consider novel questions concerning the availability of the prohibition…

2Cases cited20 opinions

  1. People v. Calbud, Inc.New York Court of Appeals · 1980
  2. MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
  3. La Rocca v. LaneNew York Court of Appeals · 1975
  4. Dondi v. JonesNew York Court of Appeals · 1976
  5. People v. . FieldingNew York Court of Appeals · 1899

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3Cited by55 opinions

  1. Schumer v. HoltzmanNew York Court of Appeals · 1983
  2. People v. WilkinsNew York Court of Appeals · 1986
  3. Baez v. HennessyCourt of Appeals for the Second Circuit · 1988
  4. State v. WolowitzAppellate Division of the Supreme Court of the State of New York · 1983
  5. State Ex Rel. John Doe v. TroisiWest Virginia Supreme Court · 1995

50 more not listed; retrieve them via the Exa API.

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