The People of the State of New York, Respondent,
v.
Joseph Farrell, Appellant.
Johnny Rivera, Appellant,
v.
Justices of the New York State Supreme Court, Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued January 3, 1995
Decided February 16, 1995.
Attorney(s) appearing for the Case
Elizabeth J. Miller, New York City, and Philip L. Weinstein for appellant in the first above-entitled action.
William L. Murphy, District Attorney of Richmond County, Staten Island (Jonathan J. Silbermann and Karen F. McGee of counsel), for respondent in the first above-entitled action.
Joel Atlas, New York City, and Philip L. Weinstein for appellant in the second above-entitled action.
Dennis C. Vacco, Attorney-General, New York City (Arnold D. Fleischer, Jerry Boone, Lillian Z. Cohen and Abigail I. Petersen of counsel), for respondents in the second above-entitled action.
Chief Judge KAYE and Judges SIMONS, TITONE, SMITH, LEVINE and CIPARICK concur.
Court of Appeals of the State of New York.
BELLACOSA, J.
These cases involve defendants who wish to pursue appeals as of right to the Appellate Division from denials, in postjudgment collateral proceedings, of vacatur of final criminal adjudications of guilt. The Legislature in 1971 curtailed such appeals as of right, restricting their availability only to a permissive procedure involving review and allowance...
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