Forte v. Supreme Court

Inasmuch as I am unable to agree with the majority’s conclusion that the extraordinary writ of *189prohibition lies in this case, I respectfully dissent and would vote to reverse the judgment of the Appellate Division and dismiss the petition. Were I to reach the issue whether CPL 450.50 (subd 2) bars the prosecution of the four counts of murder embodied in the superseding indictment, I would hold, in the context of this case, that this statutory provision does not preclude subsequent prosecution.

In Matter of Kellog v Supreme Ct., County of Queens (29 NY2d 615), this court considered the precise…