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MATTER OF STATE OF N. Y. v. KING

36 N.Y.2d 59 (1975)

In the Matter of the State of New York, Respondent, v. Gilbert H. King, as a Justice of the Supreme Court of the State of New York, Respondent, and John Hill et al., Intervenors-Appellants.

Court of Appeals of the State of New York.

Decided January 17, 1975.

Attorney(s) appearing for the Case

William M. Kunstler, Ramsey Clark, Dennis Cunningham, Margaret L. Ratner and Herman Schwartz for intervenors-appellants.

Douglas S. Cream for Gilbert H. King, respondent.

Louis R. Aidala and James W. Grable, Special Assistant Attorneys-General, for State of New York, respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Chief Judge BREITEL.

The threshold issue on this appeal is whether prohibition or mandamus under CPLR article 78 may lie to undo what may be assumed to be an egregious error of law in a criminal action, and which, for the purposes of the present review, may also be assumed to have been prejudicial to the rights of the People who instituted the special proceeding. If this be a correct statement of the issue it...

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