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[DOWNLOAD] "Matter Barbara Mcginley v. Charles J. Hynes" by Court of Appeals of New York " Book PDF Kindle ePub Free

Matter Barbara Mcginley v. Charles J. Hynes

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eBook details

  • Title: Matter Barbara Mcginley v. Charles J. Hynes
  • Author : Court of Appeals of New York
  • Release Date : January 14, 1980
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

In this article 78 proceeding, the Special Nursing Home Prosecutor appeals from an order of the Appellate Division, which granted petitioners request for relief in the nature of prohibition and directed the Special Prosecutor to refrain from presenting additional evidence to the Grand Jury in connection with his investigation of a particular hospital without first seeking and obtaining judicial approval to "resubmit" pursuant to CPL 190.75 (subd 3). The present appeal requires us to consider novel questions concerning the availability of the prohibition remedy to prevent a prosecutor from carrying out his investigative functions when there is no claim that the subject matter of his investigation is beyond the scope of his prosecutorial authority. Because we conclude that prohibition does not lie under the circumstances presented in this case, we now reverse the order of the Appellate Division and direct that the petition for a writ of prohibition be dismissed.


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