Argued September 14, 1988 Decided October 25, 1988 Appeal from the Supreme Court in the Second Judicial Department, Second and Eleventh Judicial Districts, Kings County, William Miller, J. Arnold S. Cohen, Caesar Cirigliano and Laura J. Miller for appellant. Elizabeth Holtzman, District Attorney (Sholom J. Twersky and Barbara D. Underwood of counsel), for respondent. SIMONS, J. Defendant appeals from an order of the Appellate Term which affirmed a judgment entered on a guilty plea convicting him
2004-10350. June 13, 2005. In a proceeding pursuant to CPLR article 78 in the nature of prohibition to bar the retrial of the petitioner in an action entitled People v. Cohen, pending in the District Court, Suffolk County, under docket No. 2002SU-053164, on the ground that retrial would violate his right not to be twice placed in jeopardy for the same offense, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Emerson, J.), dated October 25, 2004, which denied the petition
No. 2005-10918. October 10, 2006. Proceeding pursuant to CPLR article 78 in the nature of prohibition, to prohibit the respondents from proceeding with the retrial of the petitioner, Danny Smith, who is the defendant in a criminal action entitled People v Smith, pending in the Supreme Court, Kings County, under indictment No. 4187/04. Before: Schmidt, J.P., Spolzino and Covello, JJ., concur. Adjudged that the petition is denied, without costs or disbursements, and the proceeding is dismissed on the