New York Court of Appeals, 1967

MATTER OF BURTON v. Marshall

New York Court of Appeals · Decided September 28, 1967

20 N.Y.2d 797; 231 N.E.2d 129; 284 N.Y.S.2d 453; 1967 N.Y. LEXIS 1217

Cases that cite this one

2 later published cases cite this decision.

Legal Aid Society of Sullivan County, Inc. v. Scheinman (Appellate Division of the Supreme Court of New York 1980)
Ballentine v. Harris (Appellate Division of the Supreme Court of New York 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Motion granted and order resettled to include the following: Cross motion for leave to appeal denied upon the ground that, in the circumstances of this case, petitioner is not entitled to a writ prohibiting his prosecution on the indictment since he has a complete remedy by appeal from a judgment of completion, if there be one. The Court of Appeals did not on its original motion, nor does it now, reach petitioner’s claim that his constitutional rights were violated. The constitutional question may be raised upon an appeal from a judgment of conviction, if there be one.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.