New York Court of Appeals
In the Matter of Robert M. Morgenthau, as District Attorney of New York County v. William M. Erlbaum, a Judge of the…
June 7, 198359 N.Y.2d 143
Summary
The Court held that an action for declaratory judgment may be brought to collaterally attack a criminal court's interlocutory ruling when the controversy concerns the validity of a statute and no factual disputes are involved, and it held that CPL 340.40(subd 2) does not violate the Sixth Amendment because prostitution is a petty offense with a maximum sentence of three months.