MATTER OF PACIONA v. MARSHALL


35 N.Y.2d 289 (1974)

In the Matter of Joe K. Paciona, Appellant, v. Frederick M. Marshall, as a Justice of the Supreme Court of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 23, 1974.


Attorney(s) appearing for the Case

Thomas Santa Lucia for appellant.

Edward C. Cosgrove, District Attorney, pro se (Peter J. Notaro of counsel), for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur in Per Curiam opinion.


Per Curiam.

The judgment of the Appellate Division dismissing the petition should be affirmed solely on the ground that an article 78 proceeding, in the nature of prohibition, is not the proper vehicle for reviewing an alleged defect in the Grand Jury selection process.

A determination in a criminal case is not reviewable in an article 78 proceeding, in the nature of prohibition, unless the court in making...

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