Hyperlawhypertext legal databasebeta Lopez v. Justices of Supreme Court 36 N.Y.2d 949

← Cases

Lopez v. Justices of Supreme Court

36 N.Y.2d 949 Court N.Y. Decision date 1975-06-16 English

Contents

Majority

p. 949
In the Matter of Pedro Lopez, Appellant, v Justices of the Supreme Court of New York County et al., Respondents.
Submitted May 9, 1975;
decided June 16, 1975
Pedro Lopez, appellant pro se.
Richard H. Kuh, District Attorney (Gerald M. Labush and Lewis R. Friedman of counsel), for respondent.

Memorandum. Alleging denial of a speedy trial contrary to statutory and constitutional rights, under an indictment charging possession of a weapon as a felony, petitioner instituted this CPLR article 78 proceeding in the Appellate Division, First Department, against the Justices of the Supreme Court and the District Attorney, New York County. Since said claim is not cognizable in such a proceeding, but may be reviewed on an appeal in the criminal action (Matter of Scranton v Supreme Ct. of State of N. Y., 36 NY2d 704 ; Matter of State of New York v King, 36 NY2d 59 , 62; Matter of Watts v Supreme Ct. of State of N. Y., 28 NY2d 714 ; Matter

p. 950
of Lee v County Ct. of Erie County, 27 NY2d 432 , 437; Matter of Blake v Hogan, 25 NY2d 747 ), the judgment denying the application and dismissing the petition should be affirmed, without costs.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Judgment affirmed, without costs, in a memorandum.

Cases cited