MATTER OF WROBLEWSKI v. Ricotta
New York Court of Appeals
MATTER OF WROBLEWSKI v. Ricotta, 35 N.Y.2d 745 (N.Y. 1974)
320 N.E.2d 647; 361 N.Y.S.2d 913; 1974 N.Y. LEXIS 1248
Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens Concur in Per Curiam Opinion
MATTER OF WROBLEWSKI v. Ricotta
Opinion
Judgment affirmed (see Matter of Paciona v. Marshall, 35 N Y 2d 289). We would also note that the petitioner made a timely motion to dismiss the indictment allege ing illegality of the jury selection process. Appellate review of a denial of that motion, if available at all, would only be on direct appeal from a judgment of conviction if one ensued. (CPL 470.15, subd. 1; CPLR 7801, subd. 1; cf. People v. Chestnut, 26 N Y 2d 481.)
Chief Judge Bbeitel and Judges Jasen, Gabkielli, Jones, Wachtleb, Rabin and Stevens concur in Per Curiam opinion.
Judgment affirmed, without costs.
Reference
- Full Case Name
- In the Matter of Felix T. Wroblewski Et Al., Appellants, v. Joseph J. Ricotta, as a Justice of the Supreme Court of the State of New York, Et Al., Respondents
- Cited By
- 4 cases
- Status
- Published