Legality of Cannabis by U.S. Jurisdiction

How this document has been cited

—it is equally true that `function of the writ***[is] not merely to restrain an unwarranted assumption of jurisdiction, but also to restrain an inferior court from exceeding its authorized powers in a proceeding over which it has jurisdiction
- in Proskin v. CO. CT. OF ALBANY CO., 1971 and 15 similar citations
—it follows that it may not be employed to vacate a judgment even though, to quote from an opinion of this court, such judgment had been "procured as the result of a trial during the course of which rulings were made in violation of constitutional right*** if there was a right to review such rulings on an appeal from the judgment
- in People v. Howard, 1962 and 3 similar citations
It is well settled that prohibition is the traditional remedy to determine whether a lower court is exceeding its jurisdiction
- in MATTER OF" ANONYMOUS" v. People, 1964 and 2 similar citations
—the court stated that the use of the writ of error coram nobis has been limited to errors of fact not apparent on the face of the record
- in People v. Olshen, 1961 and 3 similar citations
Prohibition is an extraordinary remedy issued in the sound discretion of the court where the grievance cannot be redressed by ordinary proceedings at law or in equity
- in MATTER OF VOCCOLA v. Shilling, 1976 and 3 similar citations
" `Judicial interference with the right to counsel guaranteed to defendant by law may warrant the extraordinary remedy of coram nobis, even though the error appears on the face of the record
- in People v. Grubstein, 2014 and 2 similar citations
—are denied relief from the unsatisfied claim and judgment fund and only those who can be classified as "qualified" persons are allowed relief under the fund
Section 2255 is available only to "a prisoner in custody" while coram nobis is available to persons in or out of confinement. Eg, State ex rel.
- in Unconvicting the Innocent and 3 similar citations

Cited by

171 F. 2d 432 - Court of Appeals, 2nd Circuit 1948
30 NY 2d 15 - NY: Court of Appeals 1972
37 AD 2d 279 - NY: Appellate Div., 3rd Dept. 1971
2 Misc. 2d 462 - NY: Court of General Sessions 1956
24 NY 3d 500 - NY: Court of Appeals 2014
193 AD 2d 202 - NY: Appellate Div., 1st Dept. 1993
184 AD 2d 402 - NY: Appellate Div., 1st Dept. 1992
94 AD 2d 842 - NY: Appellate Div., 3rd Dept. 1983
122 Misc. 2d 190 - NY: Supreme Court, New York 1983
50 NY 2d 901 - NY: Court of Appeals 1980