Matter of Cirillo v. Justices of the Supreme Court

Full title: In the Matter of ALPHONSE CIRILLO, Respondent, v. JUSTICES OF THE SUPREME…

Court: Court of Appeals of the State of New York

Date published: Sep 18, 1974

34 N.Y.2d 990 (N.Y. 1974)

360 N.Y.S.2d 416

318 N.E.2d 607

Opinion

Argued September 10, 1974

Decided September 18, 1974

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.

Eugene Gold, District Attorney ( Steven Di Joseph of counsel), appellant pro se. Harold Borg and Arnold E. Wallach for respondent.

Judgment affirmed, without costs, on the opinion by Mr. Justice J. IRWIN SHAPIRO at the Appellate Division. The present State indictment does not qualify under any of the exceptions of CPL 40.20.

Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, STEVENS and WITMER.^_ Taking no part: Judge RABIN.

_ Designated pursuant to section 2 of article VI of the State Constitution.