Legal Opinion

People v. Lindsly

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

Decided February 14, 1984PublishedCited by 31 opinions

1Opinion of the Court

OPINION OF THE COURT

Titone, J. P.

The People appeal from so much of an order of the County Court, Suffolk County, as granted the branch of defendant’s motion that sought to dismiss an indictment on the ground of previous prosecution. At issue is whether the defendant’s plea of guilty in a Village Justice Court to leaving the scene of an accident bars the prosecution of an *100indictment charging two felony counts of operating a motor vehicle while under the influence of alcohol which arises out of the same incident. On the facts of this case, we hold that the separate prosecutions are permissible…

2Cases cited22 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Illinois v. VitaleSupreme Court of the United States · 1980
  3. People v. DeanNew York Court of Appeals · 1978
  4. People Ex Rel. Meyer v. WardenNew York Court of Appeals · 1936
  5. People v. MannNew York Court of Appeals · 1972

17 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. DiBlasio v. City of New YorkCourt of Appeals for the Second Circuit · 1996
  2. People v. DallasAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. LanahanAppellate Division of the Supreme Court of the State of New York · 2000
  4. People v. TaborAppellate Division of the Supreme Court of the State of New York · 2011
  5. Howland v. StateNew York Court of Claims · 1985

26 more not listed; retrieve them via the Exa API.

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