Villareal v. Brown
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondents from retrying the petitioner under Queens County Indictment No. 12922/94 on the ground of double jeopardy.
Adjudged that the petition is granted, without costs or disbursements, and the indictment is dismissed for reasons stated in Matter of Maltz v Clabby (229 AD2d 580 [decided herewith]). O’Brien, J. P., Ritter, Pizzuto and Altman, JJ., concur.
2Cases cited1 opinion
- Maltz v. ClabbyAppellate Division of the Supreme Court of the State of New York · 1996