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MATTER OF PETERS v. ALBANESE

94 A.D.2d 931 (1983)

In the Matter of Joseph Peters, Petitioner, v. Mario M. Albanese, as County Judge of Fulton County, et al., Respondents

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

May 26, 1983

Application, pursuant to CPLR article 78, for judgment in the nature of prohibition, denied, and petition dated May 13, 1983, dismissed. Initially, since petitioner seeks to review a claim of double jeopardy, this proceeding lies (see Matter of Di Lorenzo v Murtagh, 36 N.Y.2d 306, 309-310). However, since the first count of the indictment was properly reinstated (CPL 440.10, subd 7), petitioner is not entitled to the...

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