Johnson v. Carro

Application pursuant to CPLR article 78 in the nature of prohibition seeking, on the ground of double jeopardy, to prevent retrial of petitioner under New York County Indictment 4042/ 02, unanimously denied, so much of the cross motion by respondent Justice to dismiss for failure to state a cause of action granted, and the proceeding dismissed, without costs. The cross *141motion by respondent District Attorney and so much of the cross motion by respondent Justice to dismiss on grounds of untimeliness denied, without costs.

Although this proceeding was commenced more than four months after the…