Jordan v. O'Dwyer

Proceeding pursuant to CPLR article 78, inter alia> to prohibit the respondents from further prosecuting the petitioner under Queens County indictment No. 4234/87 on the ground of double jeopardy.

Adjudged that the proceeding is dismissed on the merits, with costs.

A pretrial suppression hearing was conducted in Supreme Court, Queens County, before Justice O’Dwyer on February 24 and February 29, 1988, which resulted in an order, dated March 9, 1988, granting that branch of the petitioner’s motion which was to suppress identification testimony pertaining to the complainant’s pretrial…