Newman v. Brennan

Proceeding pursuant to CPLR article 78 in the nature of pro*448hibition, inter alia, to prohibit the respondents from retrying Michael Turner, the defendant in a criminal action entitled People v Turner, pending under Kings County Indictment No. 2089/02.

Adjudged that the petition is granted, without costs or disbursements, and the indictment is dismissed.

Michael Turner was charged with criminal possession of a controlled substance in the third and fourth degrees and lesser, related offenses. Jury selection began on June 2, 2003, and continued until June 4, 2003. The People began presenting their…