Krum v. Hogan

This is an article 78 proceeding, rder of prohibition which would bar a renewed prosecution of petitioner for a misdemeanor which was initially dismissed. seeking ajj nrosecution

When petitioner was arraigned in Criminal Court, an Assistant District Attorney stated: “We cannot prove a case beyond a reasonable doubt. After speaking with the complaining witness, this is a boyfriend-girlfriend relationship for five years. The incident [an alleged assault] took place in the boyfriend’s apartment, in the kitchen, on May 28th, and the complainant did not report this incident [for] a month to a month…