People ex rel. Di Lapo v. Tutuska (10 N.Y.2d 828, 1961)

Motion to clarify the decision of the Court of Appeals reported at 9 N Y 2d 910 granted to this extent: The Court of Appeals states that it did not pass on the correctness of the statement contained in the Special Term opinion on page 547 of 27 Misc 2d that a subsequent indictment under subdivision 5-a of section 1897 of the Penal Law would he barred.