Carter v. Hults

Appellate Division of the Supreme Court of New York

Carter v. Hults

51 A.D.2d 547, 378 N.Y.S.2d 423, 1976 N.Y. App. Div. LEXIS 10793

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

DecidedJanuary 19, 1976

StatusPublished

This text of 51 A.D.2d 547 (Carter v. Hults) 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

Carter v. Hults, 51 A.D.2d 547, 378 N.Y.S.2d 423, 1976 N.Y. App. Div. LEXIS 10793 (N.Y. Ct. App. 1976).

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Opinion

In a proceeding pursuant to CPLR article 78 to prohibit the respondent Town Justices from making or entering any order or entertaining any further proceedings in the prosecution or trial of petitioners with regard to certain criminal charges pending against them, petitioners appeal from a judgment of the Supreme Court, Suffolk County, entered May 28, 1975, which, upon the motion of the respondent Justices, dismissed the proceeding. Judgment affirmed, without costs. In our opinion the extraordinary remedy of prohibition does not lie since alternative relief is available. Petitioners could move to have their cases transferred to a superior court in accordance with CPL 170.25; the District Attorney has stated that he would consent to such an application. We do not reach the constitutional question whether the prosecution of a criminal misdemeanor before a nonlawyer judge violates due process. Rabin, Acting P. J., Latham, Margett, Christ and Shapiro, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to prohibit the respondent Town Justices from making or entering any order or entertaining any further proceedings in the prosecution or trial of petitioners with regard to certain criminal charges pending against them, petitioners appeal from a judgment of the Supreme Court, Suffolk County, entered May 28, 1975, which, upon the motion of the respondent Justices, dismissed the proceeding. Judgment affirmed, without costs. In our opinion the extraordinary remedy of prohibition does not lie since alternative relief is available. Petitioners could move to have their cases transferred to a superior court in accordance with CPL 170.25; the District Attorney has stated that he would consent to such an application. We do not reach the constitutional question whether the prosecution of a criminal misdemeanor before a nonlawyer judge violates due process. Rabin, Acting P. J., Latham, Margett, Christ and Shapiro, JJ., concur.

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Bluebook (online)

51 A.D.2d 547, 378 N.Y.S.2d 423, 1976 N.Y. App. Div. LEXIS 10793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-hults-nyappdiv-1976.