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MATTER OF DiSIMONE v. ADLER

2009-03658.

67 A.D.3d 677 (2009)

889 N.Y.S.2d 206

2009 NY Slip Op 08008

In the Matter of ANTHONY DiSIMONE, Petitioner, v. LESTER B. ADLER et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 4, 2009.

Adjudged that the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

The petitioner failed to demonstrate a clear legal right to the extraordinary remedy of prohibition based on his contention that retrying him on Westchester County indictment No. 97-1782 would violate his constitutional right not to be twice placed in jeopardy for the same offense (see Matter of Holtzman...

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