Matter of O'Neill v. Beisheim

Full title: In the Matter of HAROLD O'NEILL, Appellant, v. GEORGE BEISHEIM, JR., as a…

Court: Court of Appeals of the State of New York

Date published: Jun 17, 1976

39 N.Y.2d 924 (N.Y. 1976)

386 N.Y.S.2d 576

352 N.E.2d 880

Opinion

Argued May 6, 1976

Decided June 17, 1976

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

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.