New York Court of Appeals, 1980

MATTER OF WILCOX v. Dwyer

New York Court of Appeals · Decided January 8, 1980 · Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer Concur in Memorandum

48 N.Y.2d 1003; 401 N.E.2d 908; 425 N.Y.S.2d 550; 1980 N.Y. LEXIS 2053

Cases that cite this one

5 later published cases cite this decision.

People v. Saddlemire (Appellate Division of the Supreme Court of New York 1981)
Jackson v. Attorney-General of New York (Appellate Division of the Supreme Court of New York 1997)
Herskowitz v. Tompkins (Appellate Division of the Supreme Court of New York 1992)
Sharpton v. Turner (Appellate Division of the Supreme Court of New York 1991)
Nicholson v. State Commission on Judicial Conduct (N.Y. 1980)

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

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be reversed and the petition dismissed, without costs. The People may appeal from the sentence (CPL 450.20, subd 4; 450.30, subd 2). On the appeal they may argue that procedures prescribed by statute were not followed at the sentencing (People v Yanicelli, 33 NY2d 621, 40 NY2d 598). That would include a claim that the court improperly denied the People access to the presentencing report by misinterpreting CPL 390.50 (subd 2). In view of the fact that the issue may be raised on direct appeal, it was error for the Appellate Division to have entertained the application for article 78 relief in the nature of prohibition.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

*1005 Judgment reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.