Legal Opinion
Matter of Tony
New York Court of Appeals
Decided June 6, 1978PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order should be reversed and the petition dismissed.
It is now settled that double jeopardy is applicable in juvenile proceedings (Breed v Jones, 421 US 519). That bar precludes appellate review of factual determinations which have been resolved in the accused’s favor by the original trier of facts (see United States v Ball, 163 US 662, 671; United States ex rel. Graham v Mancusi, 457 F2d 463, 469; cf. United States v Jenkins, 420 US 358, 366-367; People v Brown, 40 NY2d 381, cert den. 429 US 975). Thus, however it might have disagreed with it, the Appellate…
2Cases cited5 opinions
- United States v. BallSupreme Court of the United States · 1896
- Breed v. JonesSupreme Court of the United States · 1975
- United States v. JenkinsSupreme Court of the United States · 1975
- People v. BrownNew York Court of Appeals · 1976
- New York v. BrownSupreme Court of the United States · 1976
3Cited by10 opinions
- Matter of Jose R.New York Court of Appeals · 1994
- Colonial Diversified, Inc. v. Assured Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1979
- Tator v. SalemAppellate Division of the Supreme Court of the State of New York · 1981
- Whitney v. PerryAppellate Division of the Supreme Court of the State of New York · 1994
- North Triphammer Development Corp. v. Ithaca AssociatesDistrict Court, S.D. New York · 1989
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