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MTR. OF ROGERS v. LEFF

45 A.D.2d 630 (1974)

In the Matter of Frank J. Rogers, as Special Assistant District Attorney in Charge of the Office of Prosecutions of the Special Narcotics Courts in The City of New York, Petitioner, v. James J. Leff, Individually and as a Justice of the Supreme Court of The State of New York, et al., Respondents

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

November 7, 1974.

Attorney(s) appearing for the Case

Frank J. Rogers (Lewis R. Friedman and Steven R. Kartagener of counsel), petitioner pro se.

William E. Hellerstein and William J. Gallagher (Carrol Berkman and Ursula Bentele of counsel), attorneys for Edward Ingram, respondent.

MARKEWICH, J. P., KUPFERMAN, STEUER and CAPOZZOLI, JJ., concur.

TILZER, J.

The issue in this article 78 proceeding is whether there is power, pursuant to CPL 460.50 and 530.50, to grant a stay of enforcement of judgment pending appeal where a defendant has been convicted of a class A-III felony.

Edward Ingram was convicted after a jury trial of the crimes of criminal sale of a controlled substance in the third degree (Penal Law, § 220.39), criminal possession of a controlled substance

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