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MATTER OF CROWLEY v. HANF

26 A.D.2d 934 (1966)

In the Matter of Noel C. Crowley, Respondent, v. J. Willard Hanf, as Justice of the Peace of The Town of Putnam Valley, Appellant

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

November 7, 1966

Judgment reversed, on the law, and petition dismissed, without costs.

No questions of fact have been considered. We are of the opinion that the discontinuance of the trial was brought about through petitioner's insistence upon a mode of trial that could not be adhered to at the time in question. He therefore waived his right to a claim of double jeopardy and is estopped from raising the issue at a continuation of the prosecution...

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