Matter of Scranton v. Supreme Court of the State of New York
Cases that cite this one
8 later published cases cite this decision.
- United States of America Ex Rel. Agnes Scranton v. The State of New York (2d Cir. 1976)
- United States ex rel. Scranton v. New York (District Court, S.D. New York 1975)
- Owen v. Stroebel (Appellate Division of the Supreme Court of New York 1984)
- Rafferty v. Owens (Appellate Division of the Supreme Court of New York 1981)
- Root v. Kapelman (Appellate Division of the Supreme Court of New York 1979)
- Valenti v. Mark (Appellate Division of the Supreme Court of New York 1977)
- Dondi v. Jones (N.Y. 1976)
- Matter of Lopez v. Justices of the Supreme Court of New York County (N.Y. 1975)
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
Memorandum. The judgments of the Appellate Division should be affirmed,, without costs. A claim of a denial of a speedy trial is not cognizable in an application pursuant to CPLB article 78 for a judgment prohibiting a District Attorney and the Justices of the Supreme Court from proceeding on an indictment. (Matter of Watts v. Supreme Ct. of State of N. Y., 28 N Y 2d 714; Matter of Lee v. County Ct. of Erie County, 27 N Y 2d 432, 437; Matter of Blake v. Hogan, 25 N Y 2d 747.) While a double jeopardy claim may be raised in a prohibition proceeding (Matter of State of New York v. King, *706 36 N Y 2d 59, at p. 64; Matter of Kraemer v. County Ct. of Suffolk County, 6 N Y 2d 363), this petition should nevertheless be denied. The petitioner was not placed in jeopardy despite the fact that three jurors had been sworn before a mistrial was declared. (CPL 40.30, subd. 1, par. [b].)
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.
Judgments affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.