
    Second Department,
    January, 1970
    (January 16, 1970) 
    In the Matter of John Hawthorne, Petitioner, v. Eugene Gold, as District Attorney of Kings County, et al., Respondents.
   Application purportedly pursuant to CPLR article 78 to dismiss the indictment (Ho. 1749-1969) against petitioner, which is now pending in the Supreme Court, Kings County. Application denied and proceeding dismissed, without costs and without prejudice to petitioner’s asserting the defense of double jeopardy at the trial. Rabin, Acting P. J., Hopkins, Munder, Brennan and Benjamin, JJ., concur.  