MATTER OF BURTON v. Marshall

231 N.E.2d 129, 20 N.Y.2d 797, 284 N.Y.S.2d 453, 1967 N.Y. LEXIS 1217

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.