Adjudged that the proceeding is dismissed on the merits, without costs or disbursements, and the provision of the order to show cause of Justice Sullivan of this court, dated June 12, 1989, staying the respondents from further prosecuting the petitioner under Kings County indictment No. 13364/88, is vacated forthwith.
We have reviewed the petitioner's contentions and find them to be without merit. Contrary to the petitioner's position, the retrial of the subject indictment...
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