Marte v. Berkman

Appellate Division of the Supreme Court of New York

Marte v. Berkman

70 A.D.3d 493, 895 N.Y.S.2d 376

Appellate Division of the Supreme Court of the State of New York·Decided February 16, 2010·Published·Cited by 2 cases

Opinions

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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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:

Marte v. Berkman, 70 A.D.3d 493, 895 N.Y.S.2d 376 (N.Y. Ct. App. 2010).

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