Smith v. Conway
This text of 44 A.D.2d 622 (Smith v. Conway) 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.
Opinion
Proceeding,pursuant to CPLR article 78, in the 'nature of prohibition, seeking to vacate an order of the Supreme Court staying execution of a judgment of conviction. Petition granted, without costs. The stay is not authorized by the statute (CPL 460.50, subd. 1; CPL 530.50) and therefore the court exceeded its powers in granting it (see. Matter of Lee v. County Ct. of Erie County, 27 N Y 2d 432, 437, cert, den. 404 U. S. 823). Herlihy, P. J., Staley, Jr., Cooke, Sweeney and Kane, JJ., concur.
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Cite This Page — Counsel Stack
44 A.D.2d 622, 353 N.Y.S.2d 75, 1974 N.Y. App. Div. LEXIS 5477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-conway-nyappdiv-1974.