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Boyce v. Marrero
Citations: 271 A.D.2d 687; 707 N.Y.S.2d 869; 2000 N.Y. App. Div. LEXIS 4452
Court: Appellate Division of the Supreme Court of the State of New York; April 24, 2000; New York; State Appellate Court
The document addresses a proceeding under CPLR article 78 seeking to prohibit the prosecution of a criminal case titled People v. Boyce, currently pending in the Supreme Court, Kings County, under Indictment No. 3283/99. The court granted the petitioner relief from the filing fee as per CPLR 8022(b), but denied the application for further relief as it was deemed academic. Ultimately, the petition for prohibition was denied, and the proceeding was dismissed without costs or disbursements. The court emphasized that prohibition is applicable only in cases where there is a clear legal right and when a court threatens to act outside its jurisdiction or exceeds its powers. The petitioner failed to demonstrate such a clear legal right, with Judges O’Brien, S. Miller, Friedmann, and Smith concurring in the decision.