Petition unanimously granted and indictment dismissed, without prejudice to the People re-presenting a charge of manslaughter, second degree, to another Grand Jury.
Memorandum:
Petitioner David Dissell commenced this CPLR article 78 proceeding seeking a writ of prohibition preventing his retrial on indictment No. 85-12, charging murder in the second degree, on the ground that he would be placed twice in jeopardy for the same offense. A jury trial was held...
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