Petition unanimously dismissed without costs.
Memorandum:
In this CPLR article 78 proceeding initiated in this court pursuant to CPLR 506 (b) (1), petitioner seeks a judgment prohibiting his retrial on an indictment charging him with murder in the second degree on the ground of double jeopardy. Before commencement of petitioner's first trial the People served a subpoena upon petitioner's wife, who was the only witness to the alleged murder. Petitioner's wife...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.