In the Matter of Barbara McGinley v. Charles J. Hynes, as Deputy Attorney-General

Summary

The New York Court of Appeals held that a writ of prohibition is unavailable to enjoin a public prosecutor's purely investigative activities, even where a second Grand Jury is convened without prior judicial approval. Accordingly, the Court reversed the Appellate Division and dismissed the petition for prohibition. The decision did not address the petitioner's standing or the substantive application of CPL 190.75.