Napoli v. Justices of the Supreme Court
New York Court of Appeals
Napoli v. Justices of the Supreme Court, 43 N.Y.2d 745 (N.Y. 1977)
372 N.E.2d 578; 401 N.Y.S.2d 791; 1977 N.Y. LEXIS 2537
Napoli v. Justices of the Supreme Court
Opinion of the Court
It cannot be determined on the indictments and the meager record now before the court whether the State prosecution is barred under CPL 40.20 (subd 2). (Cf. People v Abbamonte, 43 NY2d 74.) Accordingly, inasmuch as it does not appear that movant is clearly entitled to the extraordinary remedy of prohibition, denial thereof cannot be said to be error.
Reference
- Full Case Name
- In the Matter of James Napoli, Jr. v. Justices of the Supreme Court of Kings County
- Status
- Published