Cooke v. Firetog

Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondents from retrying the petitioner under Kings County Indictment No. 1656/92 on the ground of double jeopardy.

Adjudged that the petition is denied and the proceeding is dismissed; without costs or disbursements. .

"Because of its extraordinary nature, prohibition is available only where there is a clear legal right, and then only when a *389court—in cases where judicial authority is challenged—acts or threatens to act either without jurisdiction or in excess of its authorized powers” (Matter of…