DAVIS v. KOHOUT (2006)

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

Matter of Sephora K. DAVIS, Petitioner, v. Joan S. KOHOUT, as Acting Livingston County Court Judge, and Thomas E. Moran, as Livingston County District Attorney, Respondents.

Decided: December 22, 2006

PRESENT: HURLBUTT, J.P., SMITH, CENTRA, AND PINE, JJ.

Regan & Regan, P.C., Rochester (John M. Regan, Jr., of Counsel), for Petitioner. Underberg & Kessler LLP, Rochester (James V. D'Anza of Counsel), for Respondent Thomas E. Moran, as Livingston County District Attorney. Respondent Joan S. Kohout, as Acting Livingston County Court Judge, Having Elected not to Appear.

While an indictment was pending against petitioner, her attorney became concerned that the Livingston County District Attorney had knowingly used perjured testimony before the grand jury and intended to do so at trial. Petitioner's attorney commenced this original CPLR article 78 proceeding in this Court seeking a writ of prohibition prohibiting County Court and the District Attorney from proceeding with the underlying criminal action. Thereafter, petitioner's attorney was permitted to withdraw from representing petitioner in the criminal action, but he continued to represent petitioner in this proceeding. It is uncontroverted that petitioner, represented by a different attorney, has entered an Alford plea in satisfaction of the indictment. In view of petitioner's guilty plea, this petition must be dismissed as moot. Petitioner chose not to litigate the issue of her guilt in the underlying action and thus the allegations in her petition are academic.

It is hereby ORDERED that the petition be and the same hereby is unanimously dismissed without costs.

MEMORANDUM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network