Santucci v. Dufficy

In a proceeding pursuant to CPLR article 78 in the nature of mandamus, petitioner seeks to compel the respondent to permit the prosecution of one Charles Tschupp, a criminal defendant, under the first two counts of Queens County indictment No. 2333-82. Proceeding dismissed, without costs or disbursements. The stay granted by order of this court dated January 5, 1984 is hereby vacated. The extraordinary remedy of mandamus will not lie to review the discretionary determination of a Justice of the Supreme Court barring the attempted reprosecution of a criminal defendant pursuant to CPL 280.20 on…