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IN THE MATTER OF MILLER v. HYNES

10 A.D.3d 660 (2004)

781 N.Y.S.2d 706

In the Matter of SHELLEY MILLER et al., Petitioners, v. CHARLES J. HYNES, as District Attorney of Kings County, et al., Respondents.

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

September 13, 2004.

Proceeding pursuant to CPLR article 78, inter alia, in the nature of prohibition to bar the retrial of the petitioners under Kings County Indictment No. 687/03, on the ground that the retrial would violate the prohibition against double jeopardy, and in the nature of mandamus to compel the respondent Plummer E. Lott, a Justice of the Supreme Court, Kings County, to dismiss the indictment. Motion by the respondent Plummer E. Lott...

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