People v. Davis, 43 N.Y.2d 663 (1977)
Prohibition and mandamus do not lie to review errors of law in pending criminal actions, even if those errors are egregious and unreviewable by direct appeal.
Summary
In an Attica-related criminal prosecution, the trial court granted the defendants more peremptory jury challenges than allowed by statute. The prosecution sought a writ of prohibition to prevent the trial court from exceeding its statutory authority. The New York Court of Appeals held that prohibition (and mandamus) are extraordinary remedies that do not lie to correct mere errors of law in criminal cases, even if those errors are unreviewable on appeal. Allowing such collateral review would create undue delays and undermine the policy of limiting appeals in criminal matters.
Facts
Two inmates were charged with murder stemming from the Attica prison riot. Prior to jury selection, the defendants moved for an order allowing them more than the 20 peremptory challenges prescribed by CPL 270.25. The trial court granted the defendants 30 peremptory challenges and denied the People an equal increase. The prosecution argued that the trial court’s action was without statutory authority and violated precedent. The prosecution also argued that the ruling would never be reviewable on appeal due to statutory limitations on appeals in criminal actions.
Procedural History
The People commenced an Article 78 proceeding seeking a writ of prohibition to prevent the trial court from granting the defendants more peremptory challenges than statutorily allowed. The Appellate Division granted the People’s petition. The defendants appealed to the New York Court of Appeals.
Issue(s)
Whether prohibition or mandamus under CPLR article 78 may lie to undo what may be assumed to be an egregious error of law in a criminal action, and which, for the purposes of the present review, may also be assumed to have been prejudicial to the rights of the People.
Holding
No, because the extraordinary remedies of prohibition and mandamus do not lie to correct errors of law in pending criminal actions, even if those errors are egregious and unreviewable by direct appeal.
Court’s Reasoning
The Court of Appeals stated that prohibition and mandamus are extraordinary remedies available only where there is a clear legal right, and in the case of prohibition, only when a court acts without jurisdiction or exceeds its authorized powers. Errors of law, even if verbalized as excesses of jurisdiction, are not a proper basis for using the extraordinary writ. Nonreviewability by appeal alone does not provide a basis for collateral review via prohibition or mandamus. The court emphasized that the right of review by appeal in criminal matters is determined exclusively by statute, reflecting a policy to limit appellate proliferation and ensure speedy trials. Allowing collateral proceedings to review errors of law would lead to undue delays and frustrate the efficient administration of justice. The Court distinguished cases where prohibition or mandamus were appropriate, noting that those cases involved an unlawful use or abuse of the entire criminal action, as opposed to an error within the proceeding related to its proper purpose. The court warned that allowing such proceedings would “make speedy trial a legal impossibility.”