IN RE: Segundo INGA–INGA (2025)

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondents from retrying the petitioner on count 1 of the indictment in a criminal action entitled People v. Inga–Inga, pending in the Supreme Court, Nassau County, under Indictment No. 72423/23, on the ground that to do so would subject him to double jeopardy.

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

“Because of its extraordinary nature, prohibition is available only where there is a clear legal right, and then only when a court—in cases where judicial authority is challenged—acts or threatens to act either without jurisdiction or in excess of its authorized powers” (Matter of Holtzman v. Goldman, 71 N.Y.2d 564, 569, 528 N.Y.S.2d 21, 523 N.E.2d 297;  see Matter of Rush v. Mordue, 68 N.Y.2d 348, 352, 509 N.Y.S.2d 493, 502 N.E.2d 170).  The petitioner has failed to demonstrate a clear legal right to the relief sought.

GENOVESI, J.P., MILLER, DOWLING and MCCORMACK, JJ., concur.