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Swift v. Capozzoli

5 Misc. 2d 35 Court Supreme Court, Special Term, New York County, Decision date 1957-01-09 English

Delivered by Samuel H. Hofstadter, J.

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p. 35
In the Matter of Walter C. Swift, Petitioner, against Louis J. Capozzoli, as a Judge of the Court of General Sessions, Respondent.
Supreme Court, Special Term, New York County,
January 9, 1957.
p. 36
Walter G. Swift, petitioner in person.
Frank S. Hogan, District Attorney, for respondent.

Motion to review the petitioner’s conviction in the Court of General Sessions of the crime of murder in the first degree for alleged errors committed during the trial is denied and the proceeding is dismissed. A proceeding under article 78 is not available (Civ. Prac. Act, § 1285). Moreover the petitioner’s conviction has already been affirmed on appeal ( 285 App. Div. 1135 ) and leave to appeal to the Court of Appeals has been denied by a Judge of that court.