Peters v. Albanese
94 A.D.2d 931, 462 N.Y.S.2d 809, 1983 N.Y. App. Div. LEXIS 18382
Opinion
— Application, pursuant to CPLR article 78, for judgment in the nature of prohibition, denied, and petition dated May 13, 1983, dismissed. Initially, since petitioner seeks to review a claim of double jeopardy, this proceeding lies (see Matter ofDi Lorenzo v Murtagh, 36 NY2d 306, 309-310). However, since the first count of the indictment was properly'reinstated (GPL 440.10, subd 7), petitioner is not entitled to the relief sought. Sweeney, J. P., Main, Casey, Mikoll and Yesawich, Jr., JJ., concur.
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Peters v. Albanese, 94 A.D.2d 931, 462 N.Y.S.2d 809, 1983 N.Y. App. Div. LEXIS 18382 (N.Y. Ct. App. 1983).
94 A.D.2d 931 (Peters v. Albanese) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Di Lorenzo v. Murtagh
327 N.E.2d 805 (New York Court of Appeals, 1975)