Nolan v. Lungen

— Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to CPLR 506, subd [b], par 1) to prohibit respondents from resubmitting the charge of intentional murder and submitting for the first time the charges of felony murder and burglary in the first degree to a Sullivan County Grand Jury, following a trial on an indictment charging two counts of manslaughter in the first degree, which trial ended in a mistrial. On September 23,1981, a Sullivan *1096County Grand Jury handed down an indictment charging petitioner with two counts of manslaughter in the first degree in violation of…