O'Neill v. Beisheim — 39 N.Y.2d 924

Majority

p. 924

In the Matter of Harold O’Neill, Appellant, v George Beisheim, Jr., as a Justice of the Supreme Court of the State of New York, et al., Respondents.

Argued May 6, 1976;

decided June 17, 1976

p. 925

Henry J. Boitel for appellant.

Carl A. Vergari, District Attorney (Janet Cunard of counsel), respondent pro se.

Judgment affirmed, without costs. Prohibition is not now warranted where the trial sought to be prohibited has been held and where the issues tendered may be raised on the direct appeal following such trial now pending in the Appellate Division.

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