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Matter of Burton v. Marshall

Court of Appeals of the State of New York
Sep 28, 1967
231 N.E.2d 129 (N.Y. 1967)

Summary

In Burton (20 N.Y.2d 797) the court did not reach petitioner's claim that his constitutional rights were violated while here we deal with a determination mandated by a decision of the United States Supreme Court. Bloeth (20 A.D.2d 372) dealt with a purely discretionary order.

Summary of this case from Matter of Saunders v. Lupiano

Opinion

Submitted September 18, 1967

Decided September 28, 1967

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department.

Leonard F. Walentynowicz for motion.

Michael F. Dillon, District Attorney ( Barbara M. Sims of counsel), opposed.


Motion granted and order resettled to include the following: Cross motion for leave to appeal denied upon the ground that, in the circumstances of this case, petitioner is not entitled to a writ prohibiting his prosecution on the indictment since he has a complete remedy by appeal from a judgment of conviction, if there be one. The Court of Appeals did not on its original motion, nor does it now, reach petitioner's claim that his constitutional rights were violated. The constitutional question may be raised upon an appeal from a judgment of conviction, if there be one.


Summaries of

Matter of Burton v. Marshall

Court of Appeals of the State of New York
Sep 28, 1967
231 N.E.2d 129 (N.Y. 1967)

In Burton (20 N.Y.2d 797) the court did not reach petitioner's claim that his constitutional rights were violated while here we deal with a determination mandated by a decision of the United States Supreme Court. Bloeth (20 A.D.2d 372) dealt with a purely discretionary order.

Summary of this case from Matter of Saunders v. Lupiano
Case details for

Matter of Burton v. Marshall

Case Details

Full title:In the Matter of CHESTER T. BURTON, Appellant, v. FREDERICK M. MARSHALL et…

Court:Court of Appeals of the State of New York

Date published: Sep 28, 1967

Citations

231 N.E.2d 129 (N.Y. 1967)
231 N.E.2d 129
284 N.Y.S.2d 453

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