Brackley v. Donnelly

Proceeding pursuant to CPLR article 78 (1) to prohibit the trial of Joseph Sciannameo on Kings County Indictment No. 2316/73, (2) for dismissal of the said indictment and (3) the exoneration of bail, upon the ground that a trial thereof is barred by a previous prosecution. Proceeding dismissed on the merits, without costs or disbursements. A first trial in this case ended in a hung jury and a mistrial was declared. Thereafter the People again moved the instant indictment for trial and the jury selection process began. After six jurors were selected and sworn, the prosecution discovered that…