Fonvil v. Molea

Proceeding pursuant to CPLR article 78, in the nature of prohibition, inter alia, to prohibit the respondent Richard A. Molea, a Justice of the Supreme Court, from proceeding with a retrial of the petitioner in the criminal action entitled People v Fonvil, pending in the Supreme Court, Rockland County, under Indictment Nos. 2001/ 233 and 2001/292, on the ground that the retrial would violate his right not to be placed twice in jeopardy for the same offense.

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

Under the circumstances of this case,…