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MTR MORGENTHAU v. ERLBAUM

59 N.Y.2d 143 (1983)

In the Matter of Robert M. Morgenthau, as District Attorney of New York County, Respondent, v. William M. Erlbaum, a Judge of the Criminal Court of the City of New York, New York County, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 7, 1983.

Attorney(s) appearing for the Case

Richard Emery for William M. Erlbaum, appellant, and Seymour S. Detsky for Carol Link and another, appellants.

Robert M. Morgenthau, District Attorney (Robert M. Pitler and Amyjane Rettew of counsel), for respondent pro se.

Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

Chief Judge COOKE.

On rare occasions, a criminal court will make an interlocutory ruling in favor of a defendant that will both affect fundamental rights and have implications reaching far beyond the immediate case in which the order is made. In such situations and when the controversy is purely a legal one, an independent action for declaratory relief against the ruling...

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