People ex rel. Neufeld on Behalf of Garcia v. McMickens
| Decision Date | 08 October 1987 |
| Parties | , 514 N.E.2d 1368 The PEOPLE of the State of New York ex rel. Russell NEUFELD, on Behalf of Roberto GARCIA, Appellant, v. Jacqueline McMICKENS, Commissioner, Department of Correction, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
OPINION OF THE COURT
Order reversed, without costs, and the judgment of Supreme Court, Queens County, reinstated for the reasons stated in the dissenting opinion by the late Justice David T. Gibbons at the Appellate Division (117 A.D.2d 243, 247-252, 503 N.Y.S.2d 397).
To continue reading
Request your trial
11 cases
-
People ex rel. Brown v. New York State Bd. of Parole
...277, 453 N.E.2d 506; People ex rel. Neufeld v. McMickens, 117 A.D.2d 243, 503 N.Y.S.2d 397, revd. on other grounds 70 N.Y.2d 763, 520 N.Y.S.2d 744, 514 N.E.2d 1368). The trial court's determination was premised primarily upon the Court of Appeals decision in People ex rel. Gonzales v. Dalsh......
-
People v. McLean
...the Court in Stiles noted the difference in its reasoning for its holding in Stiles and People ex rel. Neufeld on Behalf of Garcia v. McMickens , 70 N.Y.2d 763, 520 N.Y.S.2d 744, 514 N.E.2d 1368 (1987). In McMickens , the issue before the Court was whether the day of the defendant's arraign......
-
People ex rel. Ortiz v. Commissioner, New York City Dept. of Correction
...(see generally, People ex rel. Neufeld v. McMickens, 117 A.D.2d 243, 245, 503 N.Y.S.2d 397, revd. on other grounds, 70 N.Y.2d 763, 520 N.Y.S.2d 744, 514 N.E.2d 1368) and will typically evade review through no fault of the relator (cf., Application of Morrison v. New York State Div. of Housi......
-
Pirro v. LaCava
...appellate review (see, People ex rel. Neufeld v. McMickens, 117 A.D.2d 243, 503 N.Y.S.2d 397, rev'd on other grounds 70 N.Y.2d 763, 520 N.Y.S.2d 744, 514 N.E.2d 1368). This court has previously held that prohibition may be an appropriate remedy where the County Court or Supreme Court exceed......
Request a trial to view additional results