MATTER OF BRAWER v. CRIMINAL COURT


47 Misc.2d 411 (1965)

In the Matter of Saul H. Brawer, Petitioner, v. Criminal Court of the City of New York et al., Respondents.

Supreme Court, Special Term, New York County.

June 1, 1965


Attorney(s) appearing for the Case

Robert Goldstein for petitioner. Leo A. Larkin, Corporation Counsel, for License Department, City of New York, respondent. Louis J. Lefkowitz, Attorney-General (Irving L. Rollins of counsel), for the Criminal Court of the City of New York, respondent.


HYMAN KORN, J.

Petitioner moves for judgment prohibiting the Judges of the Criminal Court of the City of New York from prosecution of proceedings presently pending in that court upon the ground that it has no jurisdiction of License Department violations because of the department's pre-emption, and such prosecution would subject the petitioner to double jeopardy upon identical charges heard and determined by the License Department.

Respondents...

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