Legal Opinion
Corbin v. Hillery
New York Court of Appeals
Decided July 13, 1989PublishedCited by 54 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
At issue in this appeal is whether an individual who has previously pleaded guilty to the misdemeanor of driving while intoxicated (Vehicle and Traffic Law § 1192 [3]), as well as to a related traffic infraction, may subsequently be prosecuted on homicide, assault and other charges arising out of the same incident when the prosecution concedes its intention to use the facts underlying the former conviction to establish essential elements of the latter crimes. The constitutional problem has arisen in this case, despite the broad protections afforded by New York’s…
2Cases cited15 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Brown v. OhioSupreme Court of the United States · 1977
- Illinois v. VitaleSupreme Court of the United States · 1980
- People v. BarnesNew York Court of Appeals · 1980
- People of State of New York v. GregaNew York Court of Appeals · 1988
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3Cited by54 opinions
- Grady v. CorbinSupreme Court of the United States · 1990
- Walden v. CommonwealthKentucky Supreme Court · 1991
- Commonwealth v. LabelleSupreme Court of Pennsylvania · 1990
- State v. HouthCourt of Criminal Appeals of Texas · 1992
- People v. GreavesAppellate Division of the Supreme Court of the State of New York · 2003
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