Heib v. Newberg

Proceeding in the nature of prohibition, under article 78 of the CPLR, to restrain the prosecution of an indictment charging petitioners with violating subdivision 1 of section 65 of the Alcoholic Beverage Control Law, prohibiting sales of alcoholic beverages to minors actually or apparently under the age of 18 years; petitioners contending, inter alia, that such prosecution would subject them fo double jeopardy. Petitioners and three codefendants named in the indictment moved in the County Court to dismiss the indictment and an appeal by two of those codefendants from that court’s…