Rosenblatt v. Jiudice

Appellate Division of the Supreme Court of New York

Rosenblatt v. Jiudice

47 A.D.2d 720, 1975 N.Y. App. Div. LEXIS 8963

Appellate Division of the Supreme Court of the State of New York·Decided January 2, 1975·Published

Opinion

Proceeding pursuant to article 78 of the CPLR to prohibit respondent from enforcing his order to suppress, the use of certain books (allegedly seized as evidence pursuant to a warrant) as evidence in a criminal action entitled “ People v. Abruzzi", which is now pending in the County Court, Dutchess County, in which (1) the defendant in said criminal action, William Abruzzi, has made a motion for leave to intervene as a party respondent, and (2) the respondent has made a motion to dismiss the proceeding upon an objection in point of law. Respondent’s motion granted, proceeding dismissed and motion by Abruzzi denied, all without costs. Gulotta, P. J., . Hopkins, Shapiro, Cohalan and Christ, JJ., concur.

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Proceeding pursuant to article 78 of the CPLR to prohibit respondent from enforcing his order to suppress, the use of certain books (allegedly seized as evidence pursuant to a warrant) as evidence in a criminal action entitled “ People v. Abruzzi", which is now pending in the County Court, Dutchess County, in which (1) the defendant in said criminal action, William Abruzzi, has made a motion for leave to intervene as a party respondent, and (2) the respondent has made a motion to dismiss the proceeding upon an objection in point of law. Respondent’s motion granted, proceeding dismissed and motion by Abruzzi denied, all without costs. Gulotta, P. J., . Hopkins, Shapiro, Cohalan and Christ, JJ., concur.

Rosenblatt v. Jiudice, 47 A.D.2d 720, 1975 N.Y. App. Div. LEXIS 8963 (N.Y. Ct. App. 1975).

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