Rogers v. Greenberg
Opinion of the Court
Proceeding pursuant to CPLR article 78 to prohibit the respondents from proceeding with the prosecution of Kings County indictment No. 2147/85 against the petitioner.
Adjudged that the proceeding is dismissed, without costs or disbursements.
The petitioner claims that the People failed to file a timely notice of appeal (see, People v Coaye, 68 NY2d 857) to this court from an order of the Supreme Court, Kings County (Finnegan, J.), entered May 26, 1987, which granted his motion to dismiss indictment No. 2147/85. Therefore, he asserts that despite this court’s reversal of that order (see, People v Rogers, 141 AD2d 870), the respondents lack jurisdiction to prosecute him on that indictment. The petitioner should have proceeded by way of motion in this court to vacate the
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Case-law data current through December 31, 2025. Source: CourtListener bulk data.