RELIN v. CONNELL (1997)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Howard R. RELIN, Monroe County District Attorney, Petitioner, v. Honorable John J. CONNELL, Monroe County Court Judge, and Joseph Wilburn, Respondents.

Decided: February 07, 1997

Before GREEN, J.P., and LAWTON, DOERR, BALIO and FALLON, JJ.

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, 68 N.Y.2d 348, 353, 509 N.Y.S.2d 493, 502 N.E.2d 170; see also, Matter of Holtzman v. Goldman, 71 N.Y.2d 564, 569, 528 N.Y.S.2d 21, 523 N.E.2d 297; Matter of State of New York v. King, 36 N.Y.2d 59, 62, 364 N.Y.S.2d 879, 324 N.E.2d 351).

Petition unanimously dismissed without costs.

MEMORANDUM:

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