Opinion
Motion No. 2023-00367 Ind. No. 1420/21Case No. 2022-03338
04-06-2023
In the Matter of Joseph Makhani, Petitioner, v. The Honorable Diane Kiesel, etc., et al., Respondents.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Dianne T. Renwick, Acting Presiding Justice, David Friedman Anil C. Singh Martin Shulman John R. Higgitt, Justices.
Petitioner having commenced an original proceeding in this Court pursuant to Article 78 of the Civil Practice Law and Rules seeking a writ of prohibition to enjoin and prohibit respondents from directing that the indictment against petitioner proceed to trial, and
A decision and order of this Court having been entered on November 17, 2022 (Appeal No. 16444) granting the petition to the extent of directing that respondent Attorney General of the State of New York is prohibited from continuing to prosecute petitioner in the criminal proceeding entitled People v Makhani (N.Y. County Ind. No. 1420/21) and that respondent Hon. Diane Kiesel is prohibited from continuing to exercise jurisdiction over that criminal proceeding, and dismissing the indictment, and
The New York State Office of the Attorney General having moved, pursuant to CPL 210.20(4), for leave to resubmit the charges dismissed by the aforesaid decision and order to a new grand jury, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is ordered that the motion is granted.