MATTER OF BURTON v. Marshall
This text of 231 N.E.2d 129 (MATTER OF BURTON v. Marshall) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Motion granted and order resettled to include the following: Cross motion for leave to appeal denied upon the ground that, in the circumstances of this case, petitioner is not entitled to a writ prohibiting his prosecution on the indictment since he has a complete remedy by appeal from a judgment of completion, if there be one. The Court of Appeals did not on its original motion, nor does it now, reach petitioner’s claim that his constitutional rights were violated. The constitutional question may be raised upon an appeal from a judgment of conviction, if there be one.
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Cite This Page — Counsel Stack
231 N.E.2d 129, 20 N.Y.2d 797, 284 N.Y.S.2d 453, 1967 N.Y. LEXIS 1217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-burton-v-marshall-ny-1967.