Lazartes v. Walsh

Proceeding pursuant to CPLR article 78 in the nature of prohibition to bar the retrial of the petitioner in an action entitled People v Lazartes, pending in the Supreme Court, Kings County, under indictment No. 520/00, on the ground that retrial would violate his right not to be twice placed in jeopardy for the same offense.

Adjudged that the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

The petitioner, while operating a vehicle on a limited access highway at speeds of approximately 100 miles per hour, engaged in what witnesses described as a…