Brawer v. Criminal Court

Petitioner moves for judgment prohibiting the Judges of the Criminal Court of the City of New York from prosecution of proceedings presently pending in that court upon the ground that it has no jurisdiction of License Department violations because of the department’s pre-emption, and such prosecution would subject the petitioner to double jeopardy upon identical charges heard and determined by the License Department.

Respondents cross-move for dismissal upon the ground that it appears from the allegations of the petition that it does not state facts sufficient to entitle the petitioner to any…