Miller v. Hynes

*661Proceeding pursuant to CPLR article 78, inter alia, in the nature of prohibition to bar the retrial of the petitioners under Kings County Indictment No. 687/03, on the ground that the retrial would violate the prohibition against double jeopardy, and in the nature of mandamus to compel the respondent Plummer E. Lott, a Justice of the Supreme Court, Kings County, to dismiss the indictment. Motion by the respondent Plummer E. Lott to dismiss the proceeding insofar as asserted against him on the ground that the petitioners fail to state any claims for which relief in the nature of prohibition…