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MATTER OF DI LORENZO v. MURTAGH

36 N.Y.2d 306 (1975)

In the Matter of Ross Di Lorenzo, Respondent, v. John M. Murtagh, as Presiding Justice of the Extraordinary Special Trial Term, Kings County, et al., Appellants.

Court of Appeals of the State of New York.

Reargued March 25, 1975.

Decided April 1, 1975.

Attorney(s) appearing for the Case

Maurice H. Nadjari, Special State Prosecutor, Bennett L. Gershman, Barry N. Fallick and Allen G. Swan of counsel), appellant pro se, and for John M. Murtagh, appellant.

James M. La Rossa and Gerald L. Shargel for respondent.

Chief Judge BREITEL and Judges JASEN, COOKE and MAIN concur with Judge JONES; Judges GABRIELLI and WACHTLER dissent and vote to affirm on the memorandum at the Appellate Division.

JONES, J.

The question is whether, in view of defendant's acquittal on two counts of perjury, he may be retried on five other counts as to each of which the trial court declared a mistrial because the jury could not reach a verdict.

Defendant was indicted on eight counts of perjury and one count of obstructing governmental administration. All counts relate to a meeting held on February 6, 1967 between...

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