Maltz v. Clabby

—Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondents from retrying the petitioner under Queena County Indictment No. 12922/94 on the ground of double jeopardy.

Adjudged that the petition is granted, without costs or disbursements, and the indictment is dismissed.

Following the four-day joint trial of the petitioner Larry Young and codefendant Jose Villareal and the submission of the case to the jury, the trial court declared a mistrial over the defendants’ objections when a scheduling conflict arose between the jury’s deliberations and…