Pastore v. Roberts

Appellate Division of the Supreme Court of New York

Pastore v. Roberts

45 A.D.2d 837, 358 N.Y.S.2d 951, 1974 N.Y. App. Div. LEXIS 4426

Appellate Division of the Supreme Court of the State of New York·Decided July 9, 1974·Published

Opinion

Proceeding under article 78 of the CPLR in the nature of prohibition and mandamus prohibiting respondent from entering a judgment of conviction on his own verdict and requiring that respondent grant petitioner’s motion to set aside his own verdict in a criminal action. Prohibition shall not issue where alleged error may be corrected by way of appeal. (Matter of Kellog v. Supreme Court, County of Queens, 36 A D 2d 841, affd. 29 N Y 2d 615.) Application of petitioner unanimously denied, the cross motion granted and the petition dismissed, without costs and without disbursements. Concur—McGivern, P. J., Markewich, Nunez, Kupferman and Murphy, JJ.

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Proceeding under article 78 of the CPLR in the nature of prohibition and mandamus prohibiting respondent from entering a judgment of conviction on his own verdict and requiring that respondent grant petitioner’s motion to set aside his own verdict in a criminal action. Prohibition shall not issue where alleged error may be corrected by way of appeal. (Matter of Kellog v. Supreme Court, County of Queens, 36 A D 2d 841, affd. 29 N Y 2d 615.) Application of petitioner unanimously denied, the cross motion granted and the petition dismissed, without costs and without disbursements. Concur—McGivern, P. J., Markewich, Nunez, Kupferman and Murphy, JJ.

Pastore v. Roberts, 45 A.D.2d 837, 358 N.Y.S.2d 951, 1974 N.Y. App. Div. LEXIS 4426 (N.Y. Ct. App. 1974).

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