MATTER OF MORGENTHAU v. YATES


262 A.D.2d 83 (1999)

692 N.Y.S.2d 315

In the Matter of ROBERT M. MORGENTHAU, Petitioner, v. JAMES A. YATES et al., Respondents.

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

Decided June 10, 1999.


Petitioner essentially seeks review of the trial court's order entered September 16, 1998, which dismissed a count upon which the jury in the underlying trial failed to reach a verdict. Such an order is appealable by the People (CPL 450.20 [1]) and, as such, is not the proper subject of an article 78 proceeding.

If we were to reach the merits, however, we would conclude that the trial court's erroneous refusal to give an...

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