Sanchez v. Tomei

Proceeding pursuant to CPLR article 78 to prohibit a retrial of the petitioner pursuant to Kings County Indictment No. 5314/93, on the ground that the retrial would violate his right not to be placed twice in jeopardy for the same offense.

Adjudged that the petition is denied, without costs or disbursements, and the proceeding is dismissed on the merits.

At the petitioner’s first trial, a Judge accepted a partial verdict and declared a mistrial with respect to the counts upon which the jury could not reach a verdict. Retrial of the petitioner on the remaining counts would not violate his right…