Appellate Division of the Supreme Court of New York, 1979

Daniels v. Albany County Court

Daniels v. Albany County Court
Appellate Division of the Supreme Court of New York · Decided March 7, 1979
68 A.D.2d 953; 414 N.Y.S.2d 72; 1979 N.Y. App. Div. LEXIS 11238
Daniels v. Albany County Court

Opinion of the Court

Application denied and petition dated January 25, 1979 dismissed, without costs. By this article 78 proceeding, petitioner seeks a judgment restraining respondents from proceeding in the criminal prosecution of petitioner unless respondents abide by a previously agreed to plea bargain. Under the circumstances presented herein, we are of the opinion that since the issue presented may be reviewed by appeal (e.g., People v Selikoff, 35 NY2d 227) or by other application, the extraordinary remedy of prohibition does not lie (Matter of State of New York v King, 36 NY2d 59, 62). Mahoney, P. J., Sweeney, Staley, Jr., Main and Mikoll, JJ., concur.

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