Legal Opinion

The People v. Tyrone Sweat

New York Court of Appeals

Decided October 28, 2014No. 159PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Rivera, J.

The People appeal from an order of the Erie County Court dismissing, on double jeopardy grounds, an information charg ing defendant Tyrone Sweat with two counts of criminal contempt in the second degree (Penal Law § 215.50 [4]). We hold that where a court subjects a defendant to conditional imprisonment in an attempt to compel defendant to testify, and does not otherwise adjudicate defendant to be in criminal contempt or impose punishment that is criminal in nature, double jeopardy will not bar a subsequent prosecution for contempt under the Penal Law.…

2Cases cited10 opinions

  1. Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
  2. Shillitani v. United StatesSupreme Court of the United States · 1966
  3. Hicks Ex Rel. Feiock v. FeiockSupreme Court of the United States · 1988
  4. Nye v. United StatesSupreme Court of the United States · 1941
  5. Department of Environmental Protection v. Department of Environmental ConservationNew York Court of Appeals · 1987

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3Cited by9 opinions

  1. El-Dehdan v. El-DehdanNew York Court of Appeals · 2015
  2. People v. CooperAppellate Division of the Supreme Court of the State of New York · 2015
  3. COOPER, TERRY, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
  4. Honeedew Investing LLC v. Barbara AbadiDistrict Court, E.D. New York · 2026
  5. Matter of Dupuis v. CostelloAppellate Division of the Supreme Court of the State of New York · 2020

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