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Herrera v. Hollie
832 N.Y.S.2d 823
| N.Y. App. Div. | 2007
|
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Proceeding pursuant to CPLR article 78 in the nature of prohibition, to prohibit the respondents from proceeding with the retrial of the petitioner, Steven Herrera, who is the defendant in a criminal action entitled People v Herrera, pending in the Supreme Court, Queens County, under indictment No. 2867/04.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

“Because of its extraordinary nature, prohibition is available only where there is a clear legal right, and then only when a court—in cases where judicial authority is challenged—acts or threatens to act either without jurisdiction or in excess of its authorized powers” (Matter of Holtzman v Goldman, 71 NY2d 564, 569 [1988]; see, Matter of Rush v Mordue, 68 NY2d 348, 352 [1986]). The petitioner has failed to demonstrate a clear legal right to the relief sought. Crane, J.P., Florio, Fisher and Dickerson, JJ., concur.

Case Details

Case Name: Herrera v. Hollie
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Apr 24, 2007
Citation: 832 N.Y.S.2d 823
Court Abbreviation: N.Y. App. Div.
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