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MTR. OF NAPOLI v. SUPREME COURT

40 A.D.2d 159 (1972)

In the Matter of James Napoli, Petitioner, v. Supreme Court of the State of New York et al., Respondents

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

December 12, 1972.

Attorney(s) appearing for the Case

Gregory J. Perrin of counsel (Perrin, Nachman & Stella, attorneys), for petitioner.

Michael R. Juviler of counsel (Herman Kaufman with him on the brief; Frank S. Hogan, District Attorney), in person.

Louis J. Lefkowitz, Attorney-General, for respondents.

McNALLY and TILZER, JJ., concur with STEUER, J.; MURPHY, J., dissents in an opinion in which STEVENS, P. J., concurs.

STEUER, J.

Petitioner moves pursuant to article 78 for an order prohibiting respondents from trying him on indictment 6166/1969, or for any offense charged therein, on the ground that any such trial would amount to subjecting petitioner to being twice put in jeopardy for the same offense.

Petitioner appeared for trial on the said indictment on October 31, 1972, in Part 42 of the Supreme Court. He waived...

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