Zeigler v. Morgenthau

Appellate Division of the Supreme Court of New York

Zeigler v. Morgenthau

119 A.D.2d 454, 500 N.Y.S.2d 225, 1986 N.Y. App. Div. LEXIS 55409

Procedural entryThis page is a short order in Zeigler v. Morgenthau. Read the opinion of the Court — 99 A.D.2d 989 →

Appellate Division of the Supreme Court of the State of New York·Decided April 3, 1986·Published

Opinion

— Upon remittitur from the Court of Appeals, the petition seeking a writ prohibiting respondents from fur[455]*455ther prosecution of petitioner under indictment No. 852/83 is granted.

The Court of Appeals having adopted the reasoning in the dissenting memorandum of then Justice Fritz W. Alexander, II (99 AD2d 989, 990-991), that there was no manifest necessity for the Trial Judge’s decision to grant a mistrial, and having remitted to this court for entry of an order, we order that the petition be granted and the indictment dismissed. Concur — Kupferman, J. P., Sandler, Carro and Milonas, JJ.

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— Upon remittitur from the Court of Appeals, the petition seeking a writ prohibiting respondents from fur[455]*455ther prosecution of petitioner under indictment No. 852/83 is granted.

The Court of Appeals having adopted the reasoning in the dissenting memorandum of then Justice Fritz W. Alexander, II (99 AD2d 989, 990-991), that there was no manifest necessity for the Trial Judge’s decision to grant a mistrial, and having remitted to this court for entry of an order, we order that the petition be granted and the indictment dismissed. Concur — Kupferman, J. P., Sandler, Carro and Milonas, JJ.

Zeigler v. Morgenthau, 119 A.D.2d 454, 500 N.Y.S.2d 225, 1986 N.Y. App. Div. LEXIS 55409 (N.Y. Ct. App. 1986).

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119 A.D.2d 454 (Zeigler v. Morgenthau) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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