PEOPLE v. MOOREHEAD


82 Misc.2d 1064 (1975)

The People of the State of New York, Plaintiff, v. Mario Moorehead, Defendant.

Supreme Court, Trial Term, Bronx County.

August 1, 1975


Attorney(s) appearing for the Case

Solomon H. Kaplan for defendant. Mario Merola, District Attorney (Hans O'Connell of counsel), for plaintiff.


CHARLES G. TIERNEY, J.

This is an oral motion wherein the defendant seeks a remedy in the nature of writ of prohibition, prohibiting the District Attorney from retrying the defendant under the first count of the indictment charging as a lesser included offense the crime of manslaughter in the first degree, on grounds of: (1) collateral estoppel as embraced in the principle of double jeopardy and (2) the illegal...

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