MATTER OF GUIDO v. BERKMAN


116 A.D.2d 439 (1986)

In the Matter of Nicholas Guido et al., Petitioners, v. Carol Berkman, as Justice of The Supreme Court, New York County, et al., Respondents

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

May 6, 1986


Attorney(s) appearing for the Case

Gino Josh Singer of counsel (Joseph R. Benfante, P. C., attorney), for petitioners.

James G. Warwick for Sterling Johnson, Jr., respondent.

SANDLER, SULLIVAN, ROSENBERGER and ELLERIN, JJ., concur; KUPFERMAN, J. P., concurs in part and dissents in part in an opinion.


Per Curiam.

Petitioners Nicholas Guido and Dominick LaTorre commenced this CPLR article 78 proceeding, in the nature of prohibition, seeking to bar their retrial upon New York County Supreme Court indictment number 2376A/84, and to dismiss the indictment. They primarily contend that retrial would violate their right under the 5th Amendment not to be placed twice in jeopardy for the same offense. On this sparse record we...

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