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MATTER OF RUSSELL v. COUNTY COURT OF CHEMUNG COUNTY

40 A.D.2d 615 (1972)

In the Matter of Leroy Russell, Petitioner, v. County Court of Chemung County et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 12, 1972

The application is denied, without costs. An article 78 proceeding may not be used to review the discretionary act of a court in a criminal matter. (Matter of Bloeth v. Marks, 20 A.D.2d 372, mot. for lv. to app. den. 15 N.Y.2d 481.) We are mindful of the decision of the United States Supreme Court in Britt v. North Carolina (404 U.S. 226), which held that an indigent defendant has a constitutional...

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