Dennis E. v. Matthew J. D'Emic, Administrative Judge, Supreme Court of New York, 2nd Judicial District, et al.
1. Whether the State may compel relief under Jackson, over a defendant's objection, claiming in substance that the State law is unconstitutional, and thereby eviscerate the defendant's rights to automatic discharge from criminal custody and the dismissal of his indictment under State law?
2. Whether the State has the standing or authority to exercise a defendant's constitutional rights over his objection, and thereby create a conflict between the defendant's Jackson rights, and his State-created rights to liberty in order to invalidate State law to advance its own policy preferences?
Whether the State may compel relief under Jackson v. Indiana over a defendant's objection