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Matter of Lopez v. Justices of Sup. Ct. of N.Y. Cty

Court of Appeals of the State of New York
Jun 16, 1975
36 N.Y.2d 949 (N.Y. 1975)

Opinion

Submitted May 9, 1975

Decided June 16, 1975

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

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 N.Y.2d 704; Matter of State of New York v King, 36 N.Y.2d 59, 62; Matter of Watts v Supreme Ct. of State of N Y, 28 N.Y.2d 714; Matter of Lee v County Ct. of Erie County, 27 N.Y.2d 432, 437; Matter of Blake v Hogan, 25 N.Y.2d 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.


Summaries of

Matter of Lopez v. Justices of Sup. Ct. of N.Y. Cty

Court of Appeals of the State of New York
Jun 16, 1975
36 N.Y.2d 949 (N.Y. 1975)
Case details for

Matter of Lopez v. Justices of Sup. Ct. of N.Y. Cty

Case Details

Full title:In the Matter of PEDRO LOPEZ, Appellant, v. JUSTICES OF THE SUPREME COURT…

Court:Court of Appeals of the State of New York

Date published: Jun 16, 1975

Citations

36 N.Y.2d 949 (N.Y. 1975)
373 N.Y.S.2d 552
335 N.E.2d 857

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