Kitt v. Haft

Petition requesting an order prohibiting respondents from retrying petitioner on indictment number 2116/78, charging him with murder in the second degree, unanimously granted, without costs or disbursements, to the extent of dismissing said indictment with leave to resubmit to the Grand Jury, remanding the matter to Trial Term for the purpose of issuing a securing order pursuant to CPL 210.45 (subd 9), and committing petitioner to the custody of the Department of Correction pending the issuance of the securing order. 1f Petitioner was indicted for murder in the second degree. At trial the…