Matter of Pastore v. Roberts

Full title: In the Matter of VITO PASTORE, Petitioner, v. BURTON ROBERTS, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jul 9, 1974

45 A.D.2d 837 (N.Y. App. Div. 1974)

Opinion

July 9, 1974

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.