O'Neill v. Beisheim, 352 N.E.2d 880 (N.Y. 1976). · Go Syfert
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O'Neill v. Beisheim, 352 N.E.2d 880 (N.Y. 1976). Cases Citing This Book View Copy Cite
8 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: Dale v. Burns, 103 A.D.3d 1243 (N.Y. App. Div. 4th Dep't 2013)
How cited ↗
Cited for
39 N.Y.2d at 925 Hearing double jeopardy claims on direct appeal4 citing cases3 listed here
  • Dale v. Burns, 103 A.D.3d 1243 (N.Y. App. Div. 4th Dep't 2013).published 2 cites
    Thus, there is no criminal proceeding to stay and no action on the part of respondents to “prohibit.” Further, petitioner’s double jeopardy claims may be heard on his pending direct appeal (see Matter of O’Neill v Beisheim, 39 NY2d 924, 92…
  • Matter of Seiler v. Crandall, 188 A.D.3d 1614 (N.Y. App. Div. 4th Dep't 2020).published
    Prohibition, therefore, may be used for collateral review of an error of law 'only where the very jurisdiction and power of the court are in issue' " ( Morgenthau , 59 NY2d at 149-150 ; see generally Matter of O'Neill v Beisheim , 39 NY2d…
  • Matter of Coffee v. Argento, 2019 NY Slip Op 707 (N.Y. App. Div. 4th Dep't 2019).published
    In any event, a petitioner is not entitled to the extraordinary remedy of a writ of prohibition where, as here, there is "an adequate ordinary' remedy," i.e., a direct appeal ( Matter of Morgenthau v Erlbaum , 59 NY2d 143, 147 [1983], cert…
Retrieving the full opinion text from the archive…
In the Matter of Harold O'Neill
v.
George Beisheim, Jr., as a Justice of the Supreme Court of the State of New York
New York Court of Appeals.
Jun 17, 1976.
Published opinion
352 N.E.2d 880
1976 N.Y. LEXIS 2875
Henry J. Boitel for appellant., Carl A. Vergari, District Attorney (Janet Cunard of counsel), respondent pro se.
Cited by 8 opinions  |  Published

Judgment affirmed, without costs. Prohibition is not now warranted where the trial sought to be prohibited has been held and where the issues tendered may be raised on the direct appeal following such trial now pending in the Appellate Division.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.