Hynes v. Cirigliano
| Decision Date | 06 February 1992 |
| Citation | 579 N.Y.S.2d 171,180 A.D.2d 659 |
| Parties | In the Matter of Charles J. HYNES, Petitioner, v. Caesar CIRIGLIANO, etc., et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Charles J. Hynes, Dist. Atty., Brooklyn (Robert Friedman, of counsel), petitioner pro se.
Robert M. Baum, New York City (Steven B. Wasserman, of counsel), for respondent Joseph Nelson.
Before MANGANO, P.J., and THOMPSON, BRACKEN, SULLIVAN and HARWOOD, JJ.
MEMORANDUM BY THE COURT.
Proceeding pursuant to CPLR article 78 in the nature of a writ of prohibition seeking to bar the respondent Justice Cirigliano from enforcing an order dated January 27, 1992, which directed that the petitioner provide to the respondent Nelson a copy of any statements, including any videotaped statements, given to the police or any other law enforcement officials, prior to his appearance before the Grand Jury.
ADJUDGED that the application is granted, on the law, without costs or disbursements, and the respondent Justice Cirigliano is prohibited from enforcing the order dated January 27, 1992.
"Because of its extraordinary nature, prohibition is available only where there is a clear legal right, and then only when a court--in cases where judicial authority is challenged--acts or threatens to act either without jurisdiction or in excess of its authorized powers" (Matter of Holtzman v. Goldman, 71 N.Y.2d 564, 569, 528 N.Y.S.2d 21, 523 N.E.2d 297; accord, Matter of Rush v. Mordue, 68 N.Y.2d 348, 353, 509 N.Y.S.2d 493, 502 N.E.2d 170).
Discovery in a criminal proceeding is entirely governed by statute (see, People v. Copicotto, 50 N.Y.2d 222, 225, 428 N.Y.S.2d 649, 406 N.E.2d 465), and CPL 240.20(1) directs that a prosecutor shall disclose written or recorded statements "upon a demand to produce by a defendant against whom an indictment, superior court information, prosecutor's information, information or simplified information * * * is pending". In the instant case, a felony complaint has been filed, but no indictment has yet been obtained against the respondent Nelson, who seeks to review a copy of his videotaped statement. Since the respondent Nelson is not a person described by CPL 240.20 as a person entitled to such discovery, the respondent Cirigliano acted in excess of his authority in directing that such discovery be provided to him.
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...is entirely governed by statute (People v. Copicotto, 50 N.Y.2d 222, 225, 428 N.Y.S.2d 649, 406 N.E.2d 465; Matter of Hynes v. Cirigliano, 180 A.D.2d 659, 579 N.Y.S.2d 171). The People contend that the requested material should not be provided because no statutory provision mandating or all......
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...373 (2d Dept.1998) ; Matter of Pirro v. LaCava, 230 A.D.2d 909, 646 N.Y.S.2d 866 (2d Dept.1996) ; Matter of Hynes v. Cirigliano, 180 A.D.2d 659, 579 N.Y.S.2d 171 (2d Dept.1992).2 The term “training agency” is defined as “the Office of Public Safety of the Division of Criminal Justice Servic......
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... ... Indeed under similar circumstances a defendant was denied his pre-Indictment access to video taped statements. [see Hynes v. Cirigliano, 180 A.D.2d 659, 579 N.Y.S.2d 171 (2nd ... Page 798 ... Dept.1992), app. denied 79 N.Y.2d 757, 583 N.Y.S.2d 193, 592 N.E.2d 801] ... ...
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...of the CPL ( see Matter of Catterson v. Rohl, 202 A.D.2d 420, 608 N.Y.S.2d 696 [2d Dept 1994]; Matter of Hynes v. Cirigliano, 180 A.D.2d 659, 579 N.Y.S.2d 171 [2d Dept 1992] ). While all three cases relate to circumstances where a court acted outside of its authority, none of them involved ......
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Too little, too late: ineffective assistance of counsel, the duty to investigate, and pretrial discovery in criminal cases.
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