Smith v. Brown
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondents from retrying the petitioner in a criminal action entitled People v Smith, pending in the Supreme Court, Queens County, under indictment No. 1075/09, on the ground that retrial would violate his constitutional right not to be placed twice in jeopardy for the same offense.
Adjudged that the petition is granted, on the law, without costs or disbursements, and the respondents are prohibited from retrying the petitioner in the criminal action entitled People v Smith, pending under Queens County…
2Cases cited18 opinions
- Arizona v. WashingtonSupreme Court of the United States · 1978
- United States v. PerezSupreme Court of the United States · 1824
- Illinois v. SomervilleSupreme Court of the United States · 1973
- People v. MichaelNew York Court of Appeals · 1979
- People v. FergusonNew York Court of Appeals · 1986
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3Cited by6 opinions
- Taylor v. DowlingAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Roey v. LoprestoAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Gentil v. MargulisAppellate Division of the Supreme Court of the State of New York · 2014
- Working Families Party v. FisherAppellate Division of the Supreme Court of the State of New York · 2013
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2019
1 more not listed; retrieve them via the Exa API.