Zawistowski v. Arcara

Application unanimously denied and petition dismissed; cross petition unanimously granted without costs and matter remitted to Supreme Court, Erie County, Kubiniec, J., for sentencing. Memorandum: In this CPLR article 78 proceeding originating in this court, petitioner seeks a judgment of prohibition to bar his retrial on 11 charges, including attempted murder, assault and burglary resulting from an attack by petitioner on his former wife. Respondent District Attorney filed a cross petition in the nature of mandamus seeking an order reinstating the verdict and directing the trial court to…