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MATTER OF McNAIR v. McNAMARA

313 OP 21-01638.

206 A.D.3d 1689 (2022)

169 N.Y.S.3d 774

2022 NY Slip Op 03825

In the Matter of Brandon McNair, Petitioner, v. Scott D. McNamara et al., Respondents.

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

Decided June 10, 2022.

Attorney(s) appearing for the Case

REBECCA L. WITTMAN, UTICA, FOR PETITIONER.

SCOTT D. McNAMARA, DISTRICT ATTORNEY, UTICA (EVAN A. ESSWEIN OF COUNSEL), FOR RESPONDENT SCOTT D. McNAMARA.

Present—Centra, J.P., Peradotto, Lindley, Curran and Bannister, JJ.

It is hereby ordered that said petition is unanimously granted without costs and judgment is granted in favor of petitioner as follows:

"It is ADJUDGED that respondents are prohibited from retrying petitioner on Indictment No. 2020-185."

Memorandum: Petitioner commenced this original CPLR article 78 proceeding in this Court seeking a writ of prohibition barring his retrial on the ground of double jeopardy. We...

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