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MATTER OF PIERRE-LEWIS v. TOMEI

157 A.D.2d 661 (1990)

In the Matter of Jean Pierre-Lewis, Petitioner, v. Albert Tomei, Respondent

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

January 8, 1990

Adjudged that the proceeding is dismissed on the merits, without costs or disbursements, and the provision of the order to show cause of this court, dated November 16, 1989, staying the respondent from further prosecuting the petitioner under Kings County indictment No. 8343/88, is vacated forthwith.

Unlike the situation in which a criminal trial has resulted in a judgment of acquittal, retrial of an indictment is not automatically...

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