Majority
p. 894In the Matter of Howard R. Relin, as Monroe County District Attorney, Petitioner, v John J. Connell, as Monroe County Court Judge, et al., Respondents. [653 NYS2d 751]
—Petition unanimously dismissed without costs. Memorandum: The extraordinary remedy of prohibition is not available to the People to challenge County Court’s preclusion of identification
p. 895
testimony based upon the People’s failure to serve a CPL 710.30 notice. Prohibition "will not lie as a means of seeking collateral review of mere trial errors of substantive law or procedure” (Matter of Rush v Mordue, 68 NY2d 348 , 353; see also, Matter of Holtzman v Goldman, 71 NY2d 564 , 569; Matter of State of New York v King, 36 NY2d 59 , 62). (Original Proceeding Pursuant to CPLR art 78.) Present—Green, J. P., Lawton, Doerr, Balio and Fallon, JJ.
Cases cited
- Rush v. Mordue 68 NY2d 348 at 353 p. 895
- Holtzman v. Goldman 71 NY2d 564 at 569 p. 895
- State v. King 36 NY2d 59 at 62 p. 895