Nolan v. Court of General Sessions
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEager, J.
The petitioners appeal from an order of Special Term dismissing their petition herein. The proceeding is in the nature of a prohibition proceeding under article 78 of the Civil Practice Act to prohibit and restrain the Court of General Sessions of the County of New York and the District Attorney of said county from proceeding with a retrial of the petitioners upon an indictment charging them with the crime of attempted burglary in the third degree. The position of the petitioners is that, under the special circumstances here, a retrial would constitute double jeopardy and, thus, would be in…
2Cases cited25 opinions
- Green v. United StatesSupreme Court of the United States · 1957
- Wade v. HunterSupreme Court of the United States · 1949
- United States v. BallSupreme Court of the United States · 1896
- Diaz v. United StatesSupreme Court of the United States · 1912
- Gori v. United StatesSupreme Court of the United States · 1961
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3Cited by12 opinions
- Dondi v. JonesNew York Court of Appeals · 1976
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- Blondes v. StateCourt of Appeals of Maryland · 1975
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- B. T. Productions, Inc. v. BarrAppellate Division of the Supreme Court of the State of New York · 1976
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