Legal Opinion
People v. Biggs
New York Court of Appeals
Decided December 2, 2003PublishedCited by 74 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
CIPARICK, J.
This appeal presents two questions for our review. The threshold question is whether Supreme Court’s withdrawal of the intentional murder counts from the jury’s consideration on the ground that there was insufficient evidence to support those charges constituted an acquittal for purposes of the Double Jeopardy Clauses of both the Federal and New York State Constitutions (US Const 5th Amend; NY Const, art I, § 6). If so, we turn to whether first degree manslaughter is the same offense as intentional murder for constitutional double jeopardy purposes such that an…
2Cases cited12 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
- Burks v. United StatesSupreme Court of the United States · 1978
- Brown v. OhioSupreme Court of the United States · 1977
- United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
7 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- People v. WilliamsNew York Court of Appeals · 2010
- MATTER OF SUAREZ v. ByrneNew York Court of Appeals · 2008
- People v. BrinsonNew York Court of Appeals · 2013
- People v. PowellAppellate Division of the Supreme Court of the State of New York · 2012
- People v. BastianAppellate Division of the Supreme Court of the State of New York · 2011
69 more not listed; retrieve them via the Exa API.