Anderson v. Buchter

Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent, a Justice of the Supreme Court, from proceeding with the retrial of a criminal action entitled People v Anderson, pending in the Supreme Court, Queens County, under indictment No. 1671/03 on the ground that a retrial would violate the prohibition against double jeopardy. Motion by the petitioner to stay the retrial pending hearing and determination of the proceeding.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Adjudged that the…