Majority
p. 955In the Matter of Tommy R. Jackson, Petitioner, v Attorney-General of State of New York et al., Respondents. [665 NYS2d 597]
Petition unanimously dismissed without costs. Memorandum: Because petitioner has an adequate remedy by direct appeal from the judgment of conviction, relief pursuant to CPLR article 78 is not available (see, CPLR 7801 [1]; Matter of Wilcox v Dwyer, 48 NY2d 1003 , 1004; Matter of Niccolich v O’Dwyer, 206 AD2d 431 ). (Original Proceeding Pursuant to CPLR art 78.) Present—Denman, P. J., Green, Hayes, Balio and Fallon, JJ.
Cases cited
- Wilcox v. Dwyer 48 NY2d 1003 at 1004 p. 955