Leisenring v. Castellino

— Yesawich, Jr., J.

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 Chemung County on a multicount indictment.

An October 1984 four-count indictment charged petitioner with burglary, sexual abuse and assault; it is alleged, but steadfastly denied by petitioner, that he illegally entered the hospital room of a female patient and molested her. Petitioner has twice been prosecuted on the indictment and in each instance the jury has been unable to agree on a verdict. He maintains an…