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MATTER OF POLITO v. WALSH

8 N.Y.3d 683 (2007)

871 N.E.2d 537

840 N.Y.S.2d 1

In the Matter of CARMINE POLITO et al., Appellants, v. JOHN P. WALSH, as Supreme Court Justice, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 28, 2007.

Attorney(s) appearing for the Case

White & White, New York City (Diarmuid White and Brendan White of counsel), and Gerald J. McMahon for Carmine Polito, appellant.

Stillman, Friedman & Shechtman, P.C., New York City (Paul Shechtman and Nathaniel Z. Marmur of counsel), for Mario Fortunato, appellant.

Charles J. Hynes, District Attorney, Brooklyn (Ann Bordley and Leonard Joblove of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

Petitioners were prosecuted in federal court for murder in aid of racketeering. A jury convicted them, but a federal Court of Appeals reversed the conviction and dismissed the charge because the Government had failed to prove the "aid of racketeering" element of the crime. A New York grand jury then indicted petitioners for murder.

Petitioners brought this proceeding to prohibit the state-court prosecution, claiming...

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