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Drug Research Corp. v. Justices of New York City Criminal Court

13 N.Y.2d 800 Court N.Y. Decision date 1963-07-10 English

Contents

Majority

p. 800
In the Matter of Drug Research Corporation et al., Appellants, v. Justices of the New York City Criminal Court, Respondents.
Argued June 4, 1963;
decided July 10, 1963.
p. 802
Philip A. Friedman for appellants.
Louis J. Lefkowits, Attorney-General (Irving Galt, Irving L. Rollins and Philip Weinberg of counsel), for respondents.
Frank 8. Hogan, District Attorney (H. Richard Uviller and Michael R. Juviler of counsel), for District Attorney of New York County, amicus curies.

Appeal dismissed, without costs, in the following memorandum : This appeal was taken as of right on the alleged ground that a constitutional question is directly involved (Civ, Prac. Act, § 588, subd. 1, par. [a]). A reading of the opinion at Special Term clearly demonstrates that that court did not pass upon constitutional issues but denied prohibition in the exercise of its discretion. Consequently, no constitutional question is presented and, for that reason, the appeal is dismissed.

Concur: Chief Judge Desmond and Judges Dye, Ftjld, Van Vqobhis, Burke, Foster and Scileppi.