Application unanimously denied and petition dismissed; cross petition unanimously granted without costs and matter remitted to Supreme Court, Erie County, Kubiniec, J., for sentencing.
Memorandum:
In this CPLR article 78 proceeding originating in this court, petitioner seeks a judgment of prohibition to bar his retrial on 11 charges, including attempted murder, assault and burglary resulting from an attack by petitioner on his former wife. Respondent District...
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