Roth v. District Court

In this proceeding brought pursuant to article 78 of the CPLR, petitioner seeks a judgment in the nature of prohibition directed to respondents restraining prosecution of an information charging the petitioner with the possession of book-making records. The theory of petitioner’s proceeding is that prosecution of the charge leveled in the information would be violative of the Constitution of the State of New York and of the United States granting immunity from being twice put in jeopardy for the same offense.

Undisputed facts reveal that a trial of petitioner on a charge of possession of…