Citation Codes Equivalent Citations citation codes See more information ... Smart Summary Please sign up to generate summary. JACOB MELLON and Others, Appellants, v. WILLIAM F.X. GEOGHAN, Indi Motion for stay denied. Equity will not restrain a criminal prosecution save in rare instances, of which this is not one. ( Truax v. Raich, 239 U.S. 33; Buffalo Gravel Corporation v. Moore, 201 App. Div. 242; affd., 235 N.Y. 542.) At the opening of the trial of the indictments which plaintiffs assert are stayed, they may present their claims respecting the alleged stipulation, the alleged order and the effect thereof, and the trial court should make a determination thereon. ( People v. Reilly, 224 N.Y. 90.)