Matter of Gentil v. Margulis

Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondents from retrying the petitioner on counts two and three of the indictment in a criminal action entitled People v Gentil, pending in the Supreme Court, Queens County, under indictment No. 623/12, on the ground that to do so would subject him to double jeopardy.

Adjudged that the petition is granted, on the law, without costs or disbursements, and the respondents are prohibited from retrying the petitioner on counts two and three in the criminal action entitled People v Gentil, pending under Queens…