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Zeigler v. Morgenthau

119 A.D.2d 454 Court N.Y. App. Div. Decision date 1986-04-03 English

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p. 454
In the Matter of Cynthia Zeigler, Petitioner, v Robert M. Morgenthau, as District Attorney of New York County, et al., Respondents.

— Upon remittitur from the Court of Appeals, the petition seeking a writ prohibiting respondents from fur

p. 455
ther prosecution of petitioner under indictment No. 852/83 is granted.

The Court of Appeals having adopted the reasoning in the dissenting memorandum of then Justice Fritz W. Alexander, II ( 99 AD2d 989 , 990-991), that there was no manifest necessity for the Trial Judge’s decision to grant a mistrial, and having remitted to this court for entry of an order, we order that the petition be granted and the indictment dismissed. Concur — Kupferman, J. P., Sandler, Carro and Milonas, JJ.

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