Application pursuant to CPLR article 78 in the nature of prohibition seeking, on the ground of double jeopardy, to prevent retrial of petitioners before respondent Justice under New York County indictment No. 2420/08, denied, and the proceeding dismissed, without costs.
DeGrasse and Freedman, JJ., concur in a separate memorandum by Freedman, J.; Sweeny and McGuire, JJ., concur in a separate memorandum by McGuire, J.; Tom, J.E, dissents in a memorandum, as follow: