Legal Opinion
People v. Bryant
New York Court of Appeals
Decided July 9, 1998PublishedCited by 32 opinions
1Opinion of the Court
OPINION OF THE COURT
Levine, J.
The primary issue on this appeal requires us to decide whether, under New York’s statutory double jeopardy provision (CPL 40.20), the prosecution of certain offenses contained in a State indictment is barred by the prior prosecution of a Federal indictment where, concededly, both prosecutions are based upon a single criminal transaction. For the reasons that follow, we conclude that the three challenged State offenses fall within the exception set forth in paragraph (b) of CPL 40.20 (2) and, thus, the sequential State prosecution was lawful.
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On the morning of…
2Cases cited12 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- People v. LaureanoNew York Court of Appeals · 1996
- People v. DayNew York Court of Appeals · 1989
- People v. AbbamonteNew York Court of Appeals · 1977
- People v. CabassaNew York Court of Appeals · 1992
7 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- People v. RosasNew York Court of Appeals · 2007
- People v. WoodNew York Court of Appeals · 2000
- People v. SchojanAppellate Division of the Supreme Court of the State of New York · 2000
- People v. BrandonAppellate Division of the Supreme Court of the State of New York · 2015
- People v. ReedAppellate Division of the Supreme Court of the State of New York · 2000
27 more not listed; retrieve them via the Exa API.