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MATTER OF MARTINIS v. SUPREME CT.

15 N.Y.2d 240 (1965)

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

Court of Appeals of the State of New York.

Decided March 11, 1965.

Attorney(s) appearing for the Case

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

Louis J. Lefkowitz, Attorney-General (Robert L. Harrison, Samuel A. Hirshowitz and Lester Esterman of counsel), for Justices of the Supreme Court, Criminal Term, Bronx County, appellants.

Maurice Edelbaum and Philip R. Edelbaum for respondent.

Opinion by Judge DYE in which Chief Judge DESMOND and Judge BERGAN concur, Judge BURKE concurring for reversal in a separate opinion.

DYE, J.

This is an appeal by permission of the Appellate Division, First Department, from a unanimous order of that court granted in an article 78 proceeding prohibiting respondents-appellants from trying the petitioner on an indictment charging him with vehicular homicide on the ground that such a trial would subject him to double jeopardy (Matter of Martinis v. Supreme Ct. of State of N. Y., ...

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