Matter of Whyte v. Nassau County Dist. Attorney's Off.

Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondents from retrying the petitioner in a criminal action entitled People v Whyte, pending in the Supreme Court, Nassau County, under indictment No. 1339N-13, on the ground that retrial would subject him to double jeopardy.

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

The petitioner was charged with attempted murder in the second degree, attempted assault in the first degree, assault in the second and third degrees, and criminal…