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MATTER OF RANDALL v. ROTHWAX

161 A.D.2d 70 (1990)

In the Matter of Clifford Randall, by His Attorney, Michael Handwerker, Petitioner, v. Harold Rothwax, as Justice of the Supreme Court of The State of New York, et al., Respondents

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

September 6, 1990

Attorney(s) appearing for the Case

Michael Handwerker for petitioner.

Brian E. O'Donoghue of counsel (Robert M. Morgenthau, District Attorney, attorney), respondent pro se.

SULLIVAN, CARRO, WALLACH and RUBIN, JJ., concur.

MURPHY, P. J.

Petitioner in this proceeding brought pursuant to CPLR article 78 seeks to prohibit the New York County District Attorney from reprosecuting him upon indictment number 2495/89. He claims that reprosecution will violate his constitutional right not to be twice placed in jeopardy of conviction for the same crime. The unique circumstances giving rise to petitioner's claim are as follows:

Petitioner...

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