People v. Cole

—Mercure, J.(1) Appeal from an order of the Supreme Court (Teresi, J.), entered September 24, 2002 in Albany County, which granted defendant’s motion to dismiss counts two and three of the indictment, and (2) proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506 [b] [1]) to prohibit *559respondents from retrying petitioner on the ground of constitutional collateral estoppel.

In November 2000, a grand jury indicted defendant, charging him with the crimes of murder in the second degree, manslaughter in the first degree and manslaughter in the second degree. At trial,…