Hyperlawhypertext legal databasebeta Wroblewski v. Ricotta 35 N.Y.2d 745

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Wroblewski v. Ricotta

35 N.Y.2d 745 Court N.Y. Decision date 1974-10-23 English

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p. 745
In the Matter of Felix T. Wroblewski et al., Appellants, v. Joseph J. Ricotta, as a Justice of the Supreme Court of the State of New York, et al., Respondents.
Submitted October 15, 1974;
decided October 23, 1974.
John J. Olszewshi for appellants.
Peter J. Notaro, Assistant District Attorney, for respondents.

Judgment affirmed (see Matter of Paciona v. Marshall, 35 N Y 2d 289 ). We would also note that the petitioner made a timely motion to dismiss the indictment allege ing illegality of the jury selection process. Appellate review of a denial of that motion, if available at all, would only be on direct appeal from a judgment of conviction if one ensued. (CPL 470.15, subd. 1; CPLR 7801, subd. 1; cf. People v. Chestnut, 26 N Y 2d 481 .)

Chief Judge Bbeitel and Judges Jasen, Gabkielli, Jones, Wachtleb, Rabin and Stevens concur in Per Curiam opinion.

Judgment affirmed, without costs.

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