New York Court of Appeals, 1977

Napoli v. Justices of the Supreme Court

Napoli v. Justices of the Supreme Court
New York Court of Appeals · Decided November 22, 1977
43 N.Y.2d 745; 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.

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