Lacerva v. Dwyer

Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to CPLR 506 [b] [1]) to prohibit respondents from retrying petitioner in the County Court of Rensselaer County on a multicount indictment.

In this CPLR article 78 proceeding, petitioner seeks to prohibit respondents from retrying him on a five-count indictment which charged burglary in the first degree, criminal possession of a weapon in the second degree, reckless endangerment in the first degree, criminal mischief in the fourth degree and assault in the third degree. The initial trial on these charges commenced on…