Braunstein v. Frawley

—Appeal from a judgment of the Supreme Court at Special Term, entered August 15, 1977 in Chemung County, which denied petitioner’s application, in a proceeding pursuant to CPLR article 78, seeking to prohibit (1) the retrial of petitioner on six informations charging a violation of section 235.05 of the Penal Law alleged to have occurred on October 2, 1975, and (2) the imposition of sentence under a conviction on June 23, 1976 of the violation of said section on September 26, 1975. On September 26, 1975, a police investigator of the City of Elmira entered petitioner’s bookstore and purchased…