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  5. 197 A.D.2d 228 (1994)
 

MATTER OF NORTHRUP v. RELIN

197 A.D.2d 228 (1994)

In the Matter of William J. Northrup, III, Petitioner, v. Howard R. Relin, as Monroe County District Attorney, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 15, 1994

Attorney(s) appearing for the Case

Edward J. Nowak, Rochester (Donald G. Rehkopf of counsel), for petitioner.

Howard R. Relin, District Attorney of Monroe County, Rochester (Mark Pedersen of counsel), respondent pro se.

G. Oliver Koppell, Attorney-General, Rochester (Eugene Welch of counsel), for William Bristol, respondent.

PINE, J. P., BALIO, LAWTON and DAVIS, JJ., concur.

BOEHM, J.

Petitioner, William J. Northrup, III, commenced this CPLR article 78 proceeding to prohibit further prosecution by the District Attorney of Monroe County (respondent) and a trial presided over by a Judge of Monroe County Court of an indictment naming petitioner as defendant. Petitioner contends that prosecuting him under that indictment would constitute double jeopardy and is prohibited by CPL 40.20...

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