MTR. OF FERLITO v. Judges of County Ct.

In this proceeding under CPLR article 78, the Appellate Division'properly prohibited the respondent Judges. and' District Attorney from proceeding with the retrial of petitioner under an indictment, holding that • otherwise he would twice be placed in jeopardy, in violation of his rights under the Federal and State Constitutions (U. S. Const., 5th Amdt.; N. Y. Const., art. I, § 6). We are in complete accord with the well-considered opinion at the Appellate Division and write only to emphasize the important rule concerned;

The first trial was commenced before, the court without a jury and was…