People v. Zagarino
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Hopkins, J. P.
The People appeal from the dismissal during the defendant’s trial of two counts of his indictment.1 The dismissal of the two counts was based on the interests of justice (see People v Clayton, 41 AD2d 204).
The questions which are presented by this record are (1) whether during the trial Criminal Term should have dismissed two counts of the indictment in the interests of justice, and (2) whether the defendant would be placed in double jeopardy in violation of his constitutional rights, in the event the counts were restored and a new trial ordered.
We think that…
2Cases cited11 opinions
- United States v. MarionSupreme Court of the United States · 1971
- Green v. United StatesSupreme Court of the United States · 1957
- United States v. ScottSupreme Court of the United States · 1978
- United States v. WilsonSupreme Court of the United States · 1975
- Lee v. United StatesSupreme Court of the United States · 1977
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3Cited by18 opinions
- People v. NeishAppellate Division of the Supreme Court of the State of New York · 1996
- People v. KirbyAppellate Division of the Supreme Court of the State of New York · 1983
- Chang v. RotkerAppellate Division of the Supreme Court of the State of New York · 1990
- People v. VincentMichigan Court of Appeals · 1996
- People v. DolanAppellate Division of the Supreme Court of the State of New York · 1992
13 more not listed; retrieve them via the Exa API.