Matter of Belton v. Spota

Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondents from retrying the petitioner in a criminal action entitled People v Belton, pending in the County Court, Suffolk County, under indictment No. 2138B/10, on the ground that retrial would violate his constitutional right not to be twice placed in jeopardy for the same offense, and application by the petitioner to prosecute the proceeding as a poor person.

Ordered that the application for leave to prosecute the proceeding as a poor person is granted to the extent that the filing fee imposed by CPLR 8022…