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MATTER OF POTENZA v. KANE

79 A.D.2d 467 (1981)

In the Matter of Rocco Potenza, Petitioner, v. James B. Kane et al., Respondents

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

March 27, 1981

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James (Paul Cambria of counsel), for petitioner.

Robert Abrams, Attorney-General (Patrick McCormack of counsel), for James B. Kane and others, respondents.

Edward C. Cosgrove, District Attorney (John DeFranks of counsel), for respondent.

HANCOCK, JR., J. P., DOERR, DENMAN and MOULE, JJ., concur.

SIMONS, J. P.

Petitioner is an attorney charged with bribing an Assistant District Attorney to obtain favorable treatment for his clients. His trial ended when his motion for a mistrial was granted. Claiming that the double jeopardy clause bars retrial because his motion was provoked by prosecutorial misconduct, he brings this CPLR article 78 proceeding seeking an order of prohibition (see Matter of Di Lorenzo v Murtagh, 36 N.Y...

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