Kellog v. Supreme Court, County of Queens
| Decision Date | 07 July 1971 |
| Citation | 324 N.Y.S.2d 409,29 N.Y.2d 615,273 N.E.2d 137 |
| Parties | , 273 N.E.2d 137 Application of Milton KELLOG, Appellant, for an Order, etc. v. SUPREME COURT, COUNTY OF QUEENS et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the Supreme Court, Appellate Division, Second Department.
Thomas J. Mackell, Kew Gardens (Kenneth Ross Wolfe, Kew Gardens, of counsel), for respondent.
Louis J. Lefkowitz, Atty. Gen. (Samuel A. Hirshowitz, First Asst. Atty. Gen., Charles A. La Torella, Jr., Asst. Atty. Gen., of counsel), for respondent-Supreme Court, County of Queens.
Article 78 proceeding for writs in nature of prohibition to enjoin and restrain the Supreme Court, County of Queens, from any further proceedings under indictment.
The Appellate Division, on each application, dismissed proceeding and appeal was taken.
In the Court of Appeals argument was directed to question whether filing of statement by People pursuant to statute permitting People to appeal from order suppressing physical evidence presented bar to prosecution under conspiracy counts of the indictment or whether it affected only those prosecutions which involved the very evidence suppressed by the trial court.
Order affirmed, without costs. We find nothing in this case to warrant resort to the extraordinary remedy of prohibition (see Matter of Lee v. County Ct. of Erie County, 27 N.Y.2d 432, 438, 318 N.Y.S.2d 705, 267 N.E.2d 452).
All concur.
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...v. Supreme Court, County of Queens, 36 A.D.2d 841, 321 N.Y.S.2d 842 (2d Dept. 1971) aff'd sub nom. Matter of Kellog v. Supreme Court, 29 N.Y.2d 615, 324 N.Y.S.2d 409, 273 N.E.2d 137. Nor is this a case where jurisdiction is a question of fact that had to be developed at the administrative h......
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Forte v. Supreme Court of State of N. Y.
...2 That prohibition is available was foreshadowed by and is not inconsistent with our holding in Matter of Kellog v. Supreme Ct., County of Queens, 29 N.Y.2d 615, 324 N.Y.S.2d 409, 273 N.E.2d 137, in which we affirmed an order of the Appellate Division dismissing a petition seeking to prohib......
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Doran v. Van Ingen
...remedy, and, generally, this Court would be reluctant to entertain such an application. See, Matter of Kellogg v. Supreme Court, 29 N.Y.2d 615, 324 N.Y.S.2d 409, 273 N.E.2d 137 (1971). Nevertheless, the District Attorney has expressly taken the position that the issue should be resolved in ......