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Harris v. Justices of the Supreme Court

57 A.D.2d 735 Court Second Department, Decision date 1976-10-26 English

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p. 735
Second Department,
October, 1976
(October 26, 1976)
In the Matter of Leon Harris, Petitioner, v Justices of the Supreme Court, Kings County, Respondents.

Proceeding, pursuant to CPLR article 78, to prohibit the retrial of the petitioner under Indictment No. 3724/73, on the ground that a retrial would subject the petitioner to double jeopardy. Application denied, and proceeding dismissed, without costs. Martuscello, Acting P. J., Latham, Cohalan, Damiani and Hawkins, JJ., concur.