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People ex rel. Konan v. Imperati
Citation: 2022 NY Slip Op 07530Docket: 2022-06903
Court: Appellate Division of the Supreme Court of the State of New York; December 28, 2022; New York; State Appellate Court
Original Court Document: View Document
The case involves a writ of habeas corpus filed by Ryanne Konan on behalf of William H. Dicke, seeking his release on his own recognizance or reasonable bail concerning Dutchess County Indictment No. 23/2022. Additionally, the petition sought to prohibit Judge Edward T. McLoughlin from disqualifying Konan as counsel for Dicke and from proceeding with the underlying criminal action. The Appellate Division, Second Department, ruled to dismiss the writ and deny the petition, finding no violation of constitutional or statutory standards by the County Court. The court emphasized that the extraordinary remedy of prohibition is only applicable under specific circumstances where there is a clear legal right, and it noted that the petitioner failed to establish such a right in this case. The decision was rendered on December 29, 2022, with all judges concurring.