Matter of Roey v. Lopresto

Proceeding pursuant to CPLR article 78, inter alia, in the nature of prohibition to bar the retrial of the petitioner in an action entitled People v Roey, pending in the Supreme Court, Queens County, under indictment No. 2032/12, on the ground that retrial would subject him to double jeopardy.

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

The petitioner was charged under Queens County indictment No. 2032/12 with, among other things, criminal possession of a weapon in the second degree, following an incident in which police…