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UNITED STATES EX REL. BLADES v. BELDOCK

No. 78 C 2378.

459 F.Supp. 985 (1978)

UNITED STATES of America ex rel. John BLADES, Petitioner, v. Hon. Gerald BELDOCK, a Justice of the Supreme Court of the State of New York, County of Kings, the Supreme Court of the State of New York, County of Kings, and Hon. Eugene Gold, District Attorney, County of Kings, Respondents.

United States District Court, E. D. New York.

November 15, 1978.

Attorney(s) appearing for the Case

Leon Polsky, The Legal Aid Society, New York City by Valerie C. West, Staff Counsel, Brooklyn, for petitioner.

Eugene Gold, Dist. Atty., Kings County, Brooklyn, N. Y. by Barbara L. Linzer, Asst. Dist. Atty., Brooklyn, N. Y., for respondents.

MEMORANDUM AND ORDER

PLATT, District Judge.

Petitioner seeks a writ of habeas corpus and a stay of an allegedly imminent retrial of a criminal action against him in the Supreme Court, Kings County, on the ground that such retrial would violate his constitutional right not "to be twice put in jeopardy" for the same offense and his constitutional right to due process of law under the Fifth Amendment to the United States Constitution.

In an indictment...

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