Majority
p. 622In the Matter of Ralph W. Smith, Jr., as District Attorney of Albany County, Petitioner, v. Edward S. Conway, a Justice of the Supreme Court of the State of New York, et al., Respondents.
Proceeding,pursuant to CPLR article 78, in the 'nature of prohibition, seeking to vacate an order of the Supreme Court staying execution of a judgment of conviction. Petition granted, without costs. The stay is not authorized by the statute (CPL 460.50, subd. 1; CPL 530.50) and therefore the court exceeded its powers in granting it (see. Matter of Lee v. County Ct. of Erie County, 27 N Y 2d 432 , 437, cert, den. 404 U. S. 823 ). Herlihy, P. J., Staley, Jr., Cooke, Sweeney and Kane, JJ., concur.
Cases cited
- Lee v. County Court of Erie 27 N Y 2d 432 at 437 p. 622