MTR. OF FERLITO v. JUDGES, COUNTY CT.


39 A.D.2d 17 (1972)

In the Matter of Joseph B. Ferlito, Petitioner, v. Judges of the County Court, Suffolk County, et al., Respondents

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

April 24, 1972.


Attorney(s) appearing for the Case

Rosenberg, Rosenberg & Rockman (Harry Rosenberg of counsel), for petitioner.

George J. Aspland, District Attorney (Ronald E. Lipetz of counsel), respondent in person.

George W. Percy, Jr., County Attorney (Michael Gross of counsel), for County Judges, respondents.

MUNDER, Acting P. J., and CHRIST, J., concur with SHAPIRO, J.; MARTUSCELLO, J., dissents and votes to dismiss the proceeding, with an opinion, in which BENJAMIN, J., concurs.


SHAPIRO, J.

This is a proceeding pursuant to article 78 of the CPLR for a judgment prohibiting the respondents, the County Judges of Suffolk County and the District Attorney of Suffolk County, from proceeding with a retrial of the petitioner on an indictment heretofore returned against him by the Grand Jury of Suffolk County (Indictment No. 8-71).

The petitioner claims that a retrial would violate his...

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