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MATTER OF NAPOLI v. JUSTICES OF THE SUPREME COURT OF KINGS COUNTY

43 N.Y.2d 745 (1977)

In the Matter of James Napoli, Jr., Appellant, v. Justices of the Supreme Court of Kings County et al., Respondents.

Court of Appeals of the State of New York.

Decided November 22, 1977.

Motion for leave to appeal denied. It cannot be determined on the indictments and the meager record now before the court whether the State prosecution is barred under CPL 40.20 (subd 2). (Cf. People v Abbamonte, 43 N.Y.2d 74.) Accordingly, inasmuch as it does not appear that movant is clearly entitled to the extraordinary remedy of prohibition, denial thereof cannot be said...

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