Cirillo v. Justices of the Supreme Court , 34 N.Y.2d 990 ( 1974 )

Judgment affirmed, without costs, on the opinion by Mr. Justice J. Irwin Shapiro at the Appellate Division. The present State indictment does not qualify under any of .the exceptions of CPL 40.20.

Concur: Chief Judge Breitel and Judges Gabrielli, Jones, Wachtler, Stevens and Witmer.^* Taking no part: Judge Rabin.

* Designated pursuant to section 2 of article VI of the State Constitution.