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LOPEZ v. CRIMINAL COURT OF CITY OF NEW YORK

No. 83 Civ. 1488.

566 F.Supp. 792 (1983)

Octavio LOPEZ, Petitioner, v. The CRIMINAL COURT OF the CITY OF NEW YORK, Respondent.

United States District Court, S.D. New York.

June 29, 1983.

Attorney(s) appearing for the Case

William E. Hellerstein, The Legal Aid Soc., New York City, for petitioner; Ronna Brown, New York City, of counsel.

Robert M. Morgenthau, Dist. Atty., New York County, New York City, for respondent; Norman Barclay, Clara S. Licata, Asst. Dist. Attys., New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, a licensed cab driver, convicted of assault in the third degree in the Criminal Court of the City of New York, seeks a writ of habeas corpus to void the judgment of conviction pursuant to 28 U.S.C., section 2254, on the ground that the Double Jeopardy clause of the Fifth and Fourteenth Amendments to the United States Constitution barred his retrial after the trial judge on the first trial recused herself...

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