Brown v. Rubin

Appellate Division of the Supreme Court of New York

Brown v. Rubin

77 A.D.2d 608, 430 N.Y.S.2d 112, 1980 N.Y. App. Div. LEXIS 12330

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

DecidedJuly 21, 1980

StatusPublished

This text of 77 A.D.2d 608 (Brown v. Rubin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Rubin, 77 A.D.2d 608, 430 N.Y.S.2d 112, 1980 N.Y. App. Div. LEXIS 12330 (N.Y. Ct. App. 1980).

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Opinion

Proceeding pursuant to CPLR article 78 to compel the respondent to amend Indictment No. 78-00479-01 filed by the Grand Jury of Westchester County, which names petitioner as a defendant, to solely charge the offense of unlawful possession of marihuana. Proceeding dismissed on the merits, without costs or disbursements. Petitioner seeks to compel the respondent to amend the indictment charging criminal possession of marihuana in the third and fourth degrees to charge only a lesser included offense thereof. He has no right to this relief (see People v Maier, 72 AD2d 754) and therefore the proceeding must be dismissed (see Matter of Association of Surrogates & Supreme Ct. Reporters within City of N. Y. v Bartlett, 40 NY2d 571, 574). Mollen, P. J., Hopkins, Titone and Mangano, JJ., concur.

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Proceeding pursuant to CPLR article 78 to compel the respondent to amend Indictment No. 78-00479-01 filed by the Grand Jury of Westchester County, which names petitioner as a defendant, to solely charge the offense of unlawful possession of marihuana. Proceeding dismissed on the merits, without costs or disbursements. Petitioner seeks to compel the respondent to amend the indictment charging criminal possession of marihuana in the third and fourth degrees to charge only a lesser included offense thereof. He has no right to this relief (see People v Maier, 72 AD2d 754) and therefore the proceeding must be dismissed (see Matter of Association of Surrogates & Supreme Ct. Reporters within City of N. Y. v Bartlett, 40 NY2d 571, 574). Mollen, P. J., Hopkins, Titone and Mangano, JJ., concur.

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Bluebook (online)

77 A.D.2d 608, 430 N.Y.S.2d 112, 1980 N.Y. App. Div. LEXIS 12330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-rubin-nyappdiv-1980.

Opinion

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