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MATTER OF BALLENTINE v. HARRIS

75 A.D.2d 851 (1980)

In the Matter of David Ballentine, Appellant, v. David R. Harris, as Superintendent of Green Haven Correctional Facility, et al., Respondents

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

May 12, 1980

Judgment affirmed, without costs or disbursements.

A proceeding pursuant to CPLR article 78 will not lie for the redress of an error committed upon the trial of a criminal prosecution (CPLR 7801, subd 2). The instant proceedings are lacking in merit and are but attempts to invoke the extraordinary remedy provided by CPLR article 78 as a substitute for a further appeal (see Matter of Burton v Marshall, 20 N.Y.2d 797; Matter...

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