Martin v. Hynes

Proceeding pursuant to CPLR article 78 to prohibit the respondents from retrying the petitioner on Kings County Indictment No. 10425/97 on the ground that retrial would violate the prohibition against double jeopardy.

*548Adjudged that petition is denied and the proceeding is dismissed, without costs or disbursements.

We reject the petitioner’s contention that retrying him on Kings County Indictment No. 10425/97 would violate the prohibition against double jeopardy. At his first trial, the jury acquitted the defendant of charges of criminal possession of controlled substances, but declared…