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MATTER OF RELIN v. CONNELL

236 A.D.2d 894 (1997)

653 N.Y.S.2d 751

In the Matter of Howard R. Relin, as Monroe County District Attorney, Petitioner, v. John J. Connell, as Monroe County Court Judge, et al., Respondents

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

February 7, 1997

Petition unanimously dismissed without costs.

Memorandum:

The extraordinary remedy of prohibition is not available to the People to challenge County Court's preclusion of identification testimony based upon the People's failure to serve a CPL 710.30 notice. Prohibition "will not lie as a means of seeking collateral review of mere trial errors of substantive law or procedure" (Matter of Rush v Mordue,

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