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

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

DecidedJuly 9, 1974

StatusPublished

This text of 45 A.D.2d 837 (Pastore v. Roberts) 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

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).

Pincite

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.

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Bluebook (online)

45 A.D.2d 837, 358 N.Y.S.2d 951, 1974 N.Y. App. Div. LEXIS 4426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pastore-v-roberts-nyappdiv-1974.