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MATTER OF MARTINIS v. SUPREME COURT

20 A.D.2d 79 (1963)

In the Matter of Gareth Martinis, Petitioner, v. Supreme Court of the State of New York, Criminal Term, County of Bronx, et al., Respondents

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

December 17, 1963.

Attorney(s) appearing for the Case

Maurice Edelbaum of counsel (Philip R. Edelbaum with him on the brief), for petitioner.

Bertram R. Gelfand of counsel (Isidore Dollinger, District Attorney, in person), for Isidore Dollinger and others, respondents.

Stephen N. Rubin of counsel (Louis J. Lefkowitz, Attorney-General), for Justices of the Supreme Court, Criminal Term, Bronx County, respondents.

RABIN, J. P., McNALLY, STEUER and WITMER, JJ., concur.

STEVENS, J.

Petitioner seeks an order, pursuant to article 78 of the Civil Practice Law and Rules, prohibiting respondents from trying petitioner on Indictment No. 1005-1963. Petitioner urges to permit such a trial would constitute double jeopardy in violation of his constitutional rights, both Federal and State. To determine the validity of his contention it is necessary to review the facts and analyze the charges...

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