MTR. OF CARDIN v. SEDITA


53 A.D.2d 253 (1976)

In the Matter of James Cardin, Petitioner, v. Joseph A. Sedita et al., Respondents

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

July 12, 1976


Attorney(s) appearing for the Case

Markel, Trammell & Santa Lucia (Sheldon Markel of counsel), for petitioner.

Edward C. Cosgrove, District Attorney (Judith Manzella of counsel), for respondents.

CARDAMONE, MAHONEY, DILLON and WITMER, JJ., concur.


GOLDMAN, J.

In this article 78 proceeding, originating in this court, petitioner seeks a judgment of permanent prohibition to bar his retrial on a charge of possession of a controlled substance in the third degree. The first trial was terminated when the court sua sponte declared a mistrial over the defendant's objection, after the jury had been sworn and six prosecution witnesses had testified. Petitioner...

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