Majestic Collectibles, Inc. v. Farneti

—Proceeding pursuant to CPLR article 78 in the nature of a writ of prohibition to bar the retrial of the petitioners under Suffolk County Indictment No. 1112/01, on the ground that the retrial would violate the prohibition against double jeopardy.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

The petitioners failed to demonstrate a clear legal right to the extraordinary remedy of prohibition (see Matter of Holtzman v Goldman, 71 NY2d 564, 569 [1988]). The petitioners contend that the Attorney General is barred from further prosecuting them…