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  5. 71 N.Y.2d 222 (1987)
 

MATTER OF KAPLAN v. RITTER

71 N.Y.2d 222 (1987)

In the Matter of Marvin B. Kaplan et al., Appellants, v. David S. Ritter, as Justice of the Extraordinary Special and Trial Term of the Supreme Court of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 17, 1987.

Attorney(s) appearing for the Case

Gerald B. Lefcourt, Joshua L. Dratel and Erica Horwitz for appellants.

Robert M. Pitler and Mary C. Farrington for Robert M. Morgenthau, respondent.

Chief Judge WACHTLER and Judges ALEXANDER, HANCOCK, JR., and BELLACOSA concur with Judge TITONE; Judge KAYE concurs in result in a separate opinion in which Judge SIMONS concurs.

TITONE, J.

Having been tried and convicted in Federal court of various racketeering, conspiracy and fraud counts, petitioners now seek to prohibit the New York County District Attorney from trying them on charges of larceny and securities fraud arising from the same transaction. Their appeal from the judgment below denying them such relief requires us to consider the scope and proper application of CPL 40.20...

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