Summary
In Mellon v. Geoghan (supra), on authority of the Reilly case (supra), the Supreme Court denied a stay sought for violation of an alleged stipulation made in the criminal proceedings and relegated the defendant to the assertion of his claims in the criminal forum.
Summary of this case from Matter of Brandenburg v. Court of Gen. SessionsOpinion
October, 1933.
Present — Lazansky, P.J., Young, Hagarty, Tompkins and Davis, JJ.
Motion for stay denied. Equity will not restrain a criminal prosecution save in rare instances, of which this is not one. ( Truax v. Raich, 239 U.S. 33; Buffalo Gravel Corporation v. Moore, 201 App. Div. 242; affd., 235 N.Y. 542.) At the opening of the trial of the indictments which plaintiffs assert are stayed, they may present their claims respecting the alleged stipulation, the alleged order and the effect thereof, and the trial court should make a determination thereon. ( People v. Reilly, 224 N.Y. 90.)