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PEOPLE v. PORTALATIN

105 Misc.2d 725 (1980)

The People of the State of New York, Plaintiff, v. Angel Portalatin, Defendant.

Supreme Court, Criminal Term, Queens County.

October 22, 1980.

Attorney(s) appearing for the Case

Joseph Miller for defendant. John J. Santucci, District Attorney (Gregory Lazak of counsel), for plaintiff.

WILLIAM C. BRENNAN, J.

This is an article 78 proceeding brought by the defendant against the Judges of the Criminal Court and the District Attorney of Queens County. He seeks an order prohibiting the Criminal Court and District Attorney from retrying him for petit larceny and criminal possession of stolen property in the third degree.

It appears that the first trial commenced on June 20, 1980 before a jury. No alternates were selected. On July...

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