Narrative Opinion Summary
Joseph McCray filed a petition under CPLR article 78 seeking a writ of mandamus to compel Danny Chun, an Acting Justice of the Supreme Court in Kings County, to release the grand jury minutes from the case "People v. McCray," associated with Indictment No. 5847/15. McCray also requested poor person relief related to the filing fee. The court granted the poor person relief by waiving the filing fee but denied the remainder of the application as academic. Additionally, the court dismissed the petition on its merits, stating that mandamus can only be issued to compel a ministerial act when there is a clear legal right to the requested relief. McCray failed to establish such a right, leading to the dismissal of his petition. The decision was made by Justices Balkin, Hall, Sgroi, and Barros, with an official entry by the Clerk of the Court.
Legal Issues Addressed
Dismissal of Petition on Meritssubscribe to see similar legal issues
Application: The court dismissed McCray's petition on the merits due to his failure to demonstrate a clear legal right to the relief sought.
Reasoning: McCray failed to establish such a right, leading to the dismissal of his petition.
Mandamus to Compel Ministerial Actssubscribe to see similar legal issues
Application: The court determined that a writ of mandamus could not be issued because McCray did not establish a clear legal right to the release of grand jury minutes.
Reasoning: Mandamus can only be issued to compel a ministerial act when there is a clear legal right to the requested relief.
Poor Person Reliefsubscribe to see similar legal issues
Application: The court granted McCray's request for poor person relief by waiving the filing fee associated with his petition.
Reasoning: The court granted the poor person relief by waiving the filing fee but denied the remainder of the application as academic.