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MATTER OF MASON v. ROTHWAX

152 A.D.2d 272 (1989)

In the Matter of Arthur D. Mason, Petitioner, v. Harold J. Rothwax, as Justice of the Supreme Court, et al., Respondents

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

December 12, 1989

Attorney(s) appearing for the Case

Edward M. Chikofsky for petitioner.

David Steiner and Clinton W. Calhoun, III, of counsel (Mark Dwyer, attorney), for Robert M. Morgenthau, respondent.

MILONAS and ELLERIN, JJ., concur with SMITH, J.; KUPFERMAN, J. P., and ROSS, J., concur in part and dissent in part in an opinion by ROSS, J.

SMITH, J.

This is a proceeding brought in the Supreme Court, Appellate Division, First Department, in which petitioner Arthur Mason seeks a writ of prohibition barring the respondents from prosecuting him pursuant to indictment number 300/88, brought in New York County, on the ground of double jeopardy in violation, inter alia, of the NY Constitution (art I, § 6), the Fifth and Fourteenth Amendments...

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