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