Legal Opinion
People v. Abbamonte
New York Court of Appeals
Decided November 17, 1977PublishedCited by 73 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Breitel.
Four appellants, each previously convicted in Federal court for conspiracy to violate Federal drug laws, challenge, in separate appeals, their subsequent State prosecution for substantive drug offenses allegedly committed during the period of the conspiracy. In all four cases the Appellate Division rejected the challenge.
There is one common issue: whether prosecution of a substantive offense that could have been alleged and proved in support of a prior prosecution for conspiracy violates the CPL 40.20 (subd 2) prohibition against separate prosecution of…
2Cases cited8 opinions
- Bartkus v. IllinoisSupreme Court of the United States · 1959
- Abraham v. Justices of New York Supreme CourtNew York Court of Appeals · 1975
- People v. Lo CiceroNew York Court of Appeals · 1964
- Cirillo v. Justices of the Supreme CourtNew York Court of Appeals · 1974
- Cirillo v. Justices of Supreme CourtAppellate Division of the Supreme Court of the State of New York · 1973
3 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- People v. BerkowitzNew York Court of Appeals · 1980
- Sheldon Levine v. Commissioner of Correctional ServicesCourt of Appeals for the Second Circuit · 1995
- People v. PrescottNew York Court of Appeals · 1985
- Corley v. VanceDistrict Court, S.D. Illinois · 2019
- People v. BaptisteNew York Court of Appeals · 1988
68 more not listed; retrieve them via the Exa API.