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In the Matter of Jose Villareal v. Richard A. Brown, as District Attorney of Queens County
—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.