Swift v. Capozzoli , 5 Misc. 2d 35 ( 1957 )

Samuel H. Hofstadter, J.

Motion to review the petitioner’s conviction in the Court of General Sessions of the crime of murder in the first degree for alleged errors committed during the trial is denied and the proceeding is dismissed. A proceeding under article 78 is not available (Civ. Prac. Act, § 1285). Moreover the petitioner’s conviction has already been affirmed on appeal (285 App. Div. 1135) and leave to appeal to the Court of Appeals has been denied by a Judge of that court.