Opinion
Argued January 12, 1983
Decided January 18, 1983
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department.
Robert Abrams, Attorney-General ( Peter J. Dooley and Peter H. Schiff of counsel), for appellant.
Richard A. Hennessy, Jr., District Attorney ( John A. Cirando and Gail N. Uebelhoer of counsel), respondent pro se. Morris B. Swartz for Jessie Neal, respondent.
Lawrence M. Ginsburg for Willie Carter, respondent.
Judgment reversed, without costs, and the petition dismissed. An article 78 proceeding generally does not lie to review error claimed to have occurred in a criminal proceeding. (See Matter of State of New York v King, 36 N.Y.2d 59.)
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge SIMONS.