Polito v. Walsh

Proceeding pursuant to CPLR article 78 in the nature of prohibition to bar the respondents from proceeding with the trial in the criminal action entitled People v Polito and Fortunato, pending in the Supreme Court, Kings County, under indictment No. 3713/05, charging the petitioners with murder in the second degree, on the ground that the trial would violate the prohibition against double jeopardy.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

*954The petitioners, Carmine Polito and Mario Fortunato, were indicted by federal authorities for,…