Appellate Division of the Supreme Court of New York, 1997

Relin v. Connell

Relin v. Connell
Appellate Division of the Supreme Court of New York · Decided February 7, 1997
236 A.D.2d 894; 653 N.Y.S.2d 751; 1997 N.Y. App. Div. LEXIS 1934
Relin v. Connell

Opinion of the Court

—Petition unanimously dismissed without costs. Memorandum: The extraordinary remedy of prohibition is not available to the People to challenge County Court’s preclusion of identification *895testimony based upon the People’s failure to serve a CPL 710.30 notice. Prohibition "will not lie as a means of seeking collateral review of mere trial errors of substantive law or procedure” (Matter of Rush v Mordue, 68 NY2d 348, 353; see also, Matter of Holtzman v Goldman, 71 NY2d 564, 569; Matter of State of New York v King, 36 NY2d 59, 62). (Original Proceeding Pursuant to CPLR art 78.) Present—Green, J. P., Lawton, Doerr, Balio and Fallon, JJ.

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