Morgenthau v. Roberts
| Decision Date | 11 June 1985 |
| Citation | 492 N.Y.S.2d 21,65 N.Y.2d 749,481 N.E.2d 561 |
| Parties | , 481 N.E.2d 561 In the Matter of Robert M. MORGENTHAU, as District Attorney of New York County, Respondent, v. George ROBERTS, a Justice of the Supreme Court, New York County, et al., Respondents, and Reggie Jones, Also Known as Reggie Moore, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The judgment of the Appellate Division, 104 A.D.2d 767, 480 N.Y.S.2d 884, should be reversed, the proceeding converted to an action for declaratory judgment and judgment granted declaring that Supreme Court had no authority to dismiss the felony complaint.
Whether the proceeding be considered as one for prohibition or for mandamus, it does not lie when there is available another adequate remedy (Matter of State of New York v. King, 36 N.Y.2d 59, 364 N.Y.S.2d 879, 324 N.E.2d 351; 8 Weinstein-Korn-Miller, NY Civ Prac p 7801.07). An action for declaratory judgment is available to review the order of Supreme Court, Criminal Term, dismissing the felony complaint, for the People's appeal involves no factual issues, is not collateral and the trial court's ruling is likely to recur with similar results (Matter of Morgenthau v. Erlbaum, 59 N.Y.2d 143, 464 N.Y.S.2d 392, 451 N.E.2d 150; see, Press v. County of Monroe, 50 N.Y.2d 695, 431 N.Y.S.2d 394, 409 N.E.2d 870). We, therefore, convert the proceeding, pursuant to CPLR 103(c), to an action for declaratory judgment.
On the merits, it is clear that Supreme Court was without authority to dismiss the felony complaint. CPL 210.20 provides only for the dismissal of indictments and the trial courts may not "dismiss criminal proceedings on grounds * * * which the Legislature never authorized." (See, People v. Douglass, 60 N.Y.2d 194, 205, 469 N.Y.S.2d 56, 456 N.E.2d 1179). Nor is there inherent or supervisory authority for such a dismissal (id., at p. 205, 469 N.Y.S.2d 56, 456 N.E.2d 1179). Insofar as People v. Daniel P., 94 A.D.2d 83, 463 N.Y.S.2d 838 holds to the contrary, it is not to be followed.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), judgment reversed, without costs, proceeding converted to an action for declaratory judgment and...
To continue reading
Request your trial
- In re Cohen
-
People v. Correa
... ... to being exercised in conformity with standards which have been established in accordance with constitutional prescription" ( Matter of Morgenthau v. Cooke, 56 N.Y.2d 24, 33, 451 N.Y.S.2d 17, 436 N.E.2d 467 [1982] ). It is only with respect to the plenary authority to supervise the ... Roberts, 65 N.Y.2d 749, 492 N.Y.S.2d 21, 481 N.E.2d 561 [1985]; Rodriguez v. Myerson, 69 A.D.2d 162, 418 N.Y.S.2d 936 [1979] lv. denied 48 N.Y.2d 606, ... ...
-
Brown v. Blumenfeld
... ... New York State Div. of Human Rights, 82 N.Y.2d at 786, 604 N.Y.S.2d 541, 624 N.E.2d 678; Matter of Morgenthau v. Erlbaum, 59 N.Y.2d 143, 147, 464 N.Y.S.2d 392, 451 N.E.2d 150, cert. denied 464 U.S. 993, 104 S.Ct. 486, 78 L.Ed.2d 682). Turning to the question ... Roberts, 65 N.Y.2d 749, 751752, 492 N.Y.S.2d 21, 481 N.E.2d 561; People v. Douglass, 60 N.Y.2d 194, 205, 469 N.Y.S.2d 56, 456 N.E.2d 1179). Rather, the ... ...
-
Rochester City Sch. Dist. v. City of Rochester
... ... sui generis and escapes both the substantive objections and procedural limitations of special writs and extraordinary remedies." Morgenthau v. Erlbaum , 59 N.Y.2d 143, 147, 464 N.Y.S.2d 392, 451 N.E.2d 150 (1983). It is available in a wider range of circumstances than CPLR Article 78 ief. See Morgenthau v. Roberts , 65 N.Y.2d 749, 492 N.Y.S.2d 21, 481 N.E.2d 561 (1985). As the Court of Appeals has decreed about declaratory judgments: The use of a declaratory ... ...