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Relin v. Connell

236 A.D.2d 894 Court N.Y. App. Div. Decision date 1997-02-07 English

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p. 894
In 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.

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