Gershon v. Sardonia

This is a proceeding pursuant to article 78 of the CPLE seeking an order restraining the respondents from any proceedings in a manner as to the prosecution of the defendant upon an information charging him with assault. The *424main thrust of the petitioner’s argument is that the retrial of the information and charge would be in violation of his constitutional rights under section 6 of article I of the New York State Constitution and amendment 5 of the Constitution of the United States which states basically that no person shall be subject to be twice put in jeopardy for the same offense.

The…