Marte v. Berkman
This text of 70 A.D.3d 493 (Marte v. Berkman) 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.
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Application pursuant to CPLR article 78 in the nature of prohibition seeking, on the ground of double jeopardy, to prevent retrial of petitioners before respondent Justice under New York County indictment No. 2420/08, denied, and the proceeding dismissed, without costs.
DeGrasse and Freedman, JJ., concur in a separate memorandum by Freedman, J.; Sweeny and McGuire, JJ., concur in a separate memorandum by McGuire, J.; Tom, J.E, dissents in a memorandum, as follow:
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70 A.D.3d 493, 895 N.Y.S.2d 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marte-v-berkman-nyappdiv-2010.