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SMITH v. WILLIAMS

3306/12.

111 A.D.3d 121 (2013)

973 N.Y.S.2d 104

2013 NY Slip Op 6329

In the Matter of JAMES SMITH, Petitioner, v. PATRICIA WILLIAMS et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 1, 2013.

Attorney(s) appearing for the Case

The Bronx Defenders, Bronx ( Robyn Mar and Gregg Stankewicz of counsel), for petitioner.

Robert T. Johnson , District Attorney, Bronx ( David P. Johnson and Joseph N. Ferdenzi of counsel), for the People of the State of New York, respondent.

SWEENY, J.P., DEGRASSE, MANZANET-DANIELS and CLARK, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Petitioner, James Smith, brings this CPLR article 78 proceeding for a writ of prohibition barring his retrial upon Bronx County Supreme Court indictment No. 3306/12 and granting such other and further relief as this Court may deem just and proper. Petitioner contends, and the People concede, that retrial would twice place him in jeopardy for the same offenses in violation of his state and federal constitutional rights.

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