Legal Opinion

Chang v. Rotker

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

Decided March 19, 1990PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Bracken J. P.

In this proceeding pursuant to CPLR article 78, the petitioner seeks, inter alla, to enjoin the respondent District Attorney from prosecuting an indictment which was filed by a Queens County Grand Jury on March 30, 1989. According to the petitioner, the District Attorney lacks jurisdiction to proceed, because on March 1, 1989, the Criminal Court of the City of New York, Queens County, dismissed a prior accusatory instrument which had been pending in that court and which had included charges factually similar, or identical, to those now contained in the present…

2Cases cited55 opinions

  1. Benton v. MarylandSupreme Court of the United States · 1969
  2. United States v. JornSupreme Court of the United States · 1971
  3. Serfass v. United StatesSupreme Court of the United States · 1975
  4. Downum v. United StatesSupreme Court of the United States · 1963
  5. People v. MichaelNew York Court of Appeals · 1979

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3Cited by9 opinions

  1. Cohen v. LottoAppellate Division of the Supreme Court of the State of New York · 2005
  2. People v. CooperAppellate Division of the Supreme Court of the State of New York · 1996
  3. Hoffler v. JaconAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. ChangAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. BillsAppellate Division of the Supreme Court of the State of New York · 2000

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