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Smith v. Conway
353 N.Y.S.2d 75
N.Y. App. Div.
1974
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Proceeding,pursuant to CPLR article 78, in the 'nature of prohibition, seeking to vacate an order of the Supreme Court staying execution of a judgment of conviction. Petition granted, without costs. The stay is not authorized by the statute (CPL 460.50, subd. 1; CPL 530.50) and therefore the court exceeded its powers in granting it (see. Matter of Lee v. County Ct. of Erie County, 27 N Y 2d 432, 437, cert, den. 404 U. S. 823). Herlihy, P. J., Staley, Jr., Cooke, Sweeney and Kane, JJ., concur.

Case Details

Case Name: Smith v. Conway
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 15, 1974
Citation: 353 N.Y.S.2d 75
Court Abbreviation: N.Y. App. Div.
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