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MATTER OF LUCAS v. SCHEINMAN

83 A.D.2d 969 (1981)

In the Matter of Richard P. Lucas, Petitioner, v. Louis B. Scheinman, as County Court Judge of Sullivan County, Respondent

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

September 2, 1981

Application, pursuant to CPLR article 78, for judgment in the nature of prohibition, denied, without costs, and petition dated July 16, 1981 dismissed.

The extraordinary remedy of prohibition is unavailable to review, at this stage of a criminal proceeding, matters such as the alleged bias or prejudice of a Trial Judge which can be raised upon direct appeal from a judgment of conviction (see Matter of Legal Aid Soc. of...

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