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MATTER OF DIEFFENBACHER v. JACKSON

Ind. Nos. 2278/19, 2582/18. Appeal No. 12157. Case No. 2020-03021.

189 A.D.3d 710 (2020)

139 N.Y.S.3d 37

2020 NY Slip Op 08015

In the Matter of Raymond Dieffenbacher, Petitioner, v. Melissa Jackson et al., Respondent.

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

Decided December 29, 2020.

Attorney(s) appearing for the Case

James R. Froccaro, Jr. , Port Washington, for petitioner.

Letitia James , Attorney General, New York ( Dennis A. Rambaud of counsel), for municipal respondent.

Concur— Friedman, J.P., Scarpulla, Shulman, JJ.

Petitioner moved to dismiss the indictment pursuant to CPL 40.40, on the ground that it was barred by his plea of guilty in satisfaction of Indictment No. 2582/18. The court's ruling rejecting petitioner's statutory double jeopardy claim is reviewable by means of a writ of prohibition (see Matter of Abraham v Justices of N.Y. Supreme Ct. of Bronx County, 37 N.Y.2d 560, 564 [1975]). However, petitioner fails to establish that he has...

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