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Villareal v. Brown

229 A.D.2d 588 Court N.Y. App. Div. Decision date 1996-07-29 English

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p. 588
In the Matter of Jose Villareal, Petitioner, v Richard A. Brown, as District Attorney of Queens County, et al., Respondents.
[646 NYS2d 288]

—Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondents from retrying the petitioner under Queens County Indictment No. 12922/94 on the ground of double jeopardy.

Adjudged that the petition is granted, without costs or disbursements, and the indictment is dismissed for reasons stated in Matter of Maltz v Clabby ( 229 AD2d 580 [decided herewith]). O’Brien, J. P., Ritter, Pizzuto and Altman, JJ., concur.