New York Court of Appeals
Quimbo Appo, Plaintiff in Error v. the People, Defendants in Error
March 5, 186020 N.Y. 531
Summary
The Court of Appeals affirmed the Supreme Court's writ of prohibition restraining the Court of Oyer and Terminer from granting a new trial after a murder conviction, holding that the writ was the proper remedy and that the Oyer and Terminer lacked authority to order a new trial on the merits. A dissent argued that the Oyer and Terminer did have such authority and that the prohibition should be reversed; a concurrence agreed with the majority that the prohibition should stand.