Spivack ex rel. Milton v. Brown

Proceeding pursuant to CPLR article 78 to prohibit the respondents from retrying the petitioner under Queens County Indictment Number 1990/97 on the ground that retrial would violate his right not to be twice placed in jeopardy for the same offense, and application for poor person relief.

Ordered that the application for poor person relief is granted; and it is further,

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

The petitioner was charged under Queens County Indictment Number 1990/97 with robbery in the first degree and robbery in the…