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MATTER OF DONDI v. JONES

40 N.Y.2d 8 (1976)

In the Matter of Philip Dondi, Respondent, v. Howard A. Jones, as Justice of the Extraordinary Special and Trial Term of the Supreme Court of the State of New York, County of Queens, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 3, 1976.

Attorney(s) appearing for the Case

Maurice H. Nadjari, Deputy Attorney-General, Special State Prosecutor (Allen G. Swan, Bennett L. Gershman and John G. Siracusa, Jr., of counsel), for appellants.

Patrick M. Wall for respondent.

Robert M. Morgenthau, District Attorney (Peter L. Zimroth and Robert M. Pitler of counsel), amicus curiae.

Judges GABRIELLI, WACHTLER and FUCHSBERG concur with Judge COOKE; Chief Judge BREITEL dissents and votes to reverse and dismiss the petition in a separate opinion in which Judges JASEN and JONES concur.

COOKE, J.

The underlying criminal action against petitioner Dondi rightly belongs within the jurisdiction of the District Attorney of Queens County.

In this article 78 proceeding in the nature of prohibition, petitioner Dondi seeks to prohibit respondent Jones, a Justice of the Extraordinary Special and Trial Term of the Supreme Court, and respondent Nadjari, a Deputy Attorney-General and a Special Prosecutor...

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