[DOWNLOAD] "Matter Salvatore Nigrone v. John M. Murtagh" by Court of Appeals of New York " Book PDF Kindle ePub Free
eBook details
- Title: Matter Salvatore Nigrone v. John M. Murtagh
- Author : Court of Appeals of New York
- Release Date : January 03, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
[36 N.Y.2d 421 Page 423] Once again, in a little over two months, this court is presented with the issue whether a collateral and extraordinary proceeding in the nature of prohibition under CPLR article 78 should be entertained to review allegedly gross error or defect in a pending criminal action. In this instance the gross error or defect has been caused by alleged prosecutorial misconduct, in simulating the setting for criminal actions for perjury now pending against petitioner and two others. And, once again, the answer should be, whatever the provocation to do otherwise, orderly procedure under a rule of law dictates that the collateral proceeding not be available. This is true so long as the pending criminal action does not involve an exercise by a court of powers outside its jurisdiction or an excess of jurisdiction by a [36 N.Y.2d 421 Page 424]