ZAWISTOWSKI v. ARCARA


132 A.D.2d 1000 (1987)

Edward Zawistowski, Petitioner-Respondent, v. Richard J. Arcara, as District Attorney of Erie County, Respondent-Petitioner, and Timothy J. Drury, as Erie County Judge, Respondent

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

July 10, 1987


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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