Peter v. King

— Proceeding pursuant to CPLR article 78 to prohibit respondents from prosecuting petitioner for murder in the second degree under Indictment No. 74/80, filed by the Grand Jury of Dutchess County. Proceeding dismissed on the merits, without costs or disbursements. On November 5, 1978 petitioner allegedly shot the victim, his wife, who was rendered comatose. He was indicted, inter alia, for attempted murder in the second degree, and, on July 30, 1979, pleaded guilty to assault in the first degree in satisfaction of that indictment. Several days later, on August 4, 1979, the victim died,…