Barbieri v. Catterson

Appellate Division of the Supreme Court of New York

Barbieri v. Catterson

211 A.D.2d 633, 621 N.Y.S.2d 890, 1995 N.Y. App. Div. LEXIS 93

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 9, 1995

StatusPublished

This text of 211 A.D.2d 633 (Barbieri v. Catterson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barbieri v. Catterson, 211 A.D.2d 633, 621 N.Y.S.2d 890, 1995 N.Y. App. Div. LEXIS 93 (N.Y. Ct. App. 1995).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to enjoin the respondents from further prosecuting a criminal action against the petitioner under Suffolk County Indictment No. 12344/93 now pending in County Court, Suffolk County, on the ground that further prosecution of the petitioner violates the constitutional protections against double jeopardy.

Upon the petition and papers filed in support of the proceeding, and the papers filed in opposition thereto, it is

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

The petitioner failed to demonstrate a clear legal right to the relief sought. Mangano, P. J., Bracken, Sullivan, Balletta and Thompson, JJ., concur.

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Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to enjoin the respondents from further prosecuting a criminal action against the petitioner under Suffolk County Indictment No. 12344/93 now pending in County Court, Suffolk County, on the ground that further prosecution of the petitioner violates the constitutional protections against double jeopardy.

Upon the petition and papers filed in support of the proceeding, and the papers filed in opposition thereto, it is

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

The petitioner failed to demonstrate a clear legal right to the relief sought. Mangano, P. J., Bracken, Sullivan, Balletta and Thompson, JJ., concur.

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Bluebook (online)

211 A.D.2d 633, 621 N.Y.S.2d 890, 1995 N.Y. App. Div. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barbieri-v-catterson-nyappdiv-1995.