Opinion
September 2, 1981
Application, pursuant to CPLR article 78, for judgment in the nature of prohibition, denied, without costs, and petition dated July 16, 1981 dismissed. The extraordinary remedy of prohibition is unavailable to review, at this stage of a criminal proceeding, matters such as the alleged bias or prejudice of a Trial Judge which can be raised upon direct appeal from a judgment of conviction (see Matter of Legal Aid Soc. of Sullivan County v. Scheinman, 53 N.Y.2d 12; Matter of Fitzgerald v. Wells, 9 A.D.2d 812, mot for rearg or lv to app den 10 A.D.2d 654, mot for lv to app den 7 N.Y.2d 711, app dsmd 9 N.Y.2d 864). Kane, J.P., Main, Mikoll, Yesawich, Jr., and Herlihy, JJ., concur.