MATTER OF RIVERA v. JON FIRETOG


44 A.D.3d 957 (2007)

844 N.Y.S.2d 116

In the Matter of ENRIQUE RIVERA, Petitioner, v. NEIL JON FIRETOG, as Justice of the Supreme Court of the State of New York, et al., Respondents.

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

Decided October 23, 2007.


Adjudged that the petition is granted, on the law, without costs or disbursements, and the respondents are prohibited from retrying the petitioner in the criminal action entitled People v Rivera pending under Kings County indictment No. 1453/05.

The petitioner was indicted for murder in the second degree and criminal possession of a weapon in the fourth degree arising from a barroom confrontation that ended in a stabbing death. At a trial on the indictment...

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