—Petition unanimously dismissed without costs. Memorandum: The extraordinary remedy of prohibition is not available to the People to challenge County Court’s preclusion of identification testimony based upon the People’s failure to serve a CPL 710.30 notice. Prohibition "will not lie as a means of seeking collateral review of mere trial errors of substantive law or procedure” (Matter of Rush v Mordue, 68 NY2d 348, 353; see also, Matter of Holtzman v Goldman, 71 NY2d 564, 569; Matter of State of New York v King, 36 NY2d 59, 62). (Original Proceeding Pursuant to CPLR art 78.) Present—Green, J. P., Lawton, Doerr, Balio and Fallon, JJ.
In the Matter of Howard R. Relin, as Monroe County District Attorney, Petitioner, v. John J. Connell, as Monroe County Court Judge, et al., Respondents
236 A.D.2d 894653 N.Y.S.2d 751
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