Rivera v. Firetog

Proceeding pursuant to CPLR article 78 in the nature of pro*958hibition, inter alia, to prohibit the respondents from retrying the petitioner in a criminal action entitled People v Rivera, pending in the Supreme Court, Kings County, under indictment No. 1453/05, on the ground that retrial would violate his right not to be twice placed in jeopardy for the same offense.

Adjudged that the petition is granted, on the law, without costs or disbursements, and the respondents are prohibited from retrying the petitioner in the criminal action entitled People v Rivera pending under Kings County indictment…