Wroblewski v. Ricotta
| Decision Date | 23 October 1974 |
| Citation | 320 N.E.2d 647,361 N.Y.S.2d 913,35 N.Y.2d 745 |
| Parties | , 320 N.E.2d 647 In the Matter of Felix T. WROBLEWSKI et al., Appellants, v. Joseph J. RICOTTA, as a Justice of the Supreme Court of the State of New York, et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
John J. Olszewski, Buffalo, for appellants.
Peter J. Notary, Asst. Dist. Atty., for respondents.
Judgment affirmed (see Matter of Paciona v. Marshall, 35 N.Y.2d 289, 360 N.Y.S.2d 882, 319 N.E.2d 199). We would also note that the petitioner made a timely motion to dismiss the indictment alleging illegality of the jury selection process. Appellate review of a denial of that motion, if available at all, would only be on direct appeal from a judgment of conviction if one ensued. (CPL 470.15, subd. 1; CPLR 7801, subd. 1; cf. People v. Chestnut, 26 N.Y.2d 481, 311 N.Y.S.2d 853, 260 N.E.2d 501.)
Judgment, 45 A.D.2d 461, 359 N.Y.S.2d 130 affirmed, without costs.
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