Petition unanimously granted without costs and judgment granted in accordance with the following Memorandum: Petitioner is granted judgment prohibiting respondents from prosecuting him under Jefferson County indictment No. 665-91 (see, Matter of Booth v Clary, 193 AD2d 1128). (Original Proceeding Pursuant to Article 78.) Present—Denman, P. J., Green, Balio, Fallon and Boehm, JJ.