People v. Percy, Strong, Strong, Cameron

1 Citing case

  1. Jaffe v. Scheinman

    66 A.D.2d 321 (N.Y. App. Div. 1979)   Cited 1 times

    People v Longo 39 A.D.2d 633, where the Appellate Division directed the People to furnish a copy of the Grand Jury minutes to defendant in the "interest of justice" to provide information in preparation of his brief on the People's appeal from an order granting defendant's motion to dismiss the indictment for legal insufficiency of the Grand Jury evidence. See, also, People v. Percy, 36 N.Y.2d 756; People v. Fleming, 47 A.D.2d 779). Subsequent to Proskin the court has delineated the narrow scope of the remedy of prohibition in criminal matters, noting that it is inappropriate where mere errors of law are involved (Matter of Roberts v. County Ct. of Wyoming County, 34 N.Y.2d 246, 248) and that nonreviewability by way of appeal alone is not sufficient to invoke the extraordinary remedy (Matter of State of New York v. King, 36 N.Y.2d 59, 62-63).