People v. Brancoccio
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mangano, P. J.
The question to be resolved on this appeal is whether the defendant’s prosecution under Indictment Number 16451/89 is barred on the ground that it violates the defendant’s constitutional protection against double jeopardy. In our view, this question must be answered in the negative.
I
On December 1, 1989, the defendant attempted to unlawfully enter a residential apartment, by opening its kitchen window. The defendant was arrested that very day, and was charged in a misdemeanor complaint, filed under Criminal Court Docket Number 9K080591, with criminal trespass…
2Cases cited10 opinions
- People v. CadeNew York Court of Appeals · 1989
- People v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1978
- People v. PhillipsNew York Court of Appeals · 1980
- People v. CarterNew York Supreme Court · 1987
- People v. AndersonAppellate Division of the Supreme Court of the State of New York · 1988
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. BrancoccioNew York Court of Appeals · 1994
- People v. BouyeaNew York Supreme Court · 1997
- People v. MiterkoNew York Supreme Court · 2000
- People v. BrancoccioNew York Court of Appeals · 1994
- People v. FultonAppellate Division of the Supreme Court of the State of New York · 2004
1 more not listed; retrieve them via the Exa API.