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MATTER OF ROEY v. LOPRESTO

2014-06232

122 A.D.3d 929 (2014)

998 N.Y.S.2d 91

2014 NY Slip Op 08340

In the Matter of JOSEPH ROEY, Also Known as JOHN WASH, Petitioner v. CHARLES S. LOPRESTO et al., Respondents.

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

Decided November 26, 2014.

Proceeding pursuant to CPLR article 78, inter alia, in the nature of prohibition to bar the retrial of the petitioner in an action entitled People v Roey, pending in the Supreme Court, Queens County, under indictment No. 2032/12, on the ground that retrial would subject him to double jeopardy.

Adjudged that the petition is denied, without costs or disbursements, and the proceeding is dismissed on the merits.

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