Legal Opinion

People v. Brancoccio

Appellate Division of the Supreme Court of the State of New York

Decided April 26, 1993PublishedCited by 6 opinions

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

  1. People v. CadeNew York Court of Appeals · 1989
  2. People v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1978
  3. People v. PhillipsNew York Court of Appeals · 1980
  4. People v. CarterNew York Supreme Court · 1987
  5. People v. AndersonAppellate Division of the Supreme Court of the State of New York · 1988

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3Cited by6 opinions

  1. People v. BrancoccioNew York Court of Appeals · 1994
  2. People v. BouyeaNew York Supreme Court · 1997
  3. People v. MiterkoNew York Supreme Court · 2000
  4. People v. BrancoccioNew York Court of Appeals · 1994
  5. 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.

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