It is hereby ordered that said petition be and the same hereby is unanimously dismissed without costs.
Memorandum:
Petitioner commenced this original CPLR article 78 proceeding seeking, on double jeopardy grounds, to prohibit his prosecution in Oneida County Court on an indictment charging him with, inter alia, one count each of assault in the second degree (Penal Law § 120.05 [4]) and vehicular assault in the second degree (§ 120.03 [1], [2]) and...
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