MATTER OF MARTIN v. HYNES


259 A.D.2d 547 (1999)

687 N.Y.S.2d 387

In the Matter of ROY MARTIN, Petitioner, v. CHARLES J. HYNES et al., Respondents.

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

Decided March 8, 1999.


Adjudged that petition is denied and the proceeding is dismissed, without costs or disbursements.

We reject the petitioner's contention that retrying him on Kings County Indictment No. 10425/97 would violate the prohibition against double jeopardy. At his first trial, the jury acquitted the defendant of charges of criminal possession of controlled substances, but declared themselves deadlocked on charges of criminal possession...

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