Napoli v. Justices of Supreme Court

Proceeding pursuant to CPLR article 78 to prohibit respondents from prosecuting Indictments Nos. R 106/77 and R 107/77, now pending in the Supreme Court, Kings County, and to dismiss those indictments pursuant to CPL 40.20 (subd 2) on the ground that petitioners have been previously tried for other offenses based upon the same criminal transaction. Applications denied and proceedings dismissed on the merits, without costs or disbursements. Petitioners were indicted in Federal court for the crimes of conducting an illegal gambling business and conspiracy. They were convicted of the former…