Opinion

Villareal v. Brown

229 A.D.2d 588
646 N.Y.S.2d 288
1996 N.Y. App. Div. LEXIS 8326

Court: Appellate Division of the Supreme Court of the State of New York
Filed: Jul 29, 1996
Status: Published
Cited by: 0 cases
Authority: More cited than 2.5%

The opinion

—Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondents from retrying the petitioner under Queens County Indictment No. 12922/94 on the ground of double jeopardy.

Adjudged that the petition is granted, without costs or disbursements, and the indictment is dismissed for reasons stated in Matter of Maltz v Clabby ( 229 AD2d 580 [decided herewith]). O’Brien, J. P., Ritter, Pizzuto and Altman, JJ., concur.

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