Villareal v. Brown

—Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondents from retrying the petitioner under Queens County Indictment No. 12922/94 on the ground of double jeopardy.

Adjudged that the petition is granted, without costs or disbursements, and the indictment is dismissed for reasons stated in Matter of Maltz v Clabby (229 AD2d 580 [decided herewith]). O’Brien, J. P., Ritter, Pizzuto and Altman, JJ., concur.