Legal Opinion · Concurrence

People v. Leone

New York Court of Appeals

Decided May 2, 1978Published

1ConcurrenceFuchsberg, J.

This case presents claims (1) that the District Attorney, in bringing appellant before the Grand Jury, acquiesced in the acceptance of a judicial offer of redemption and thus waived any objection to its enforcement and (2) that the unappealed decision of the Judge who granted the defendant’s motion to purge himself became the "law of the case” binding on District Attorney and trial court alike. Beyond that, the analytical divergence of the opinions below points up the recurrent confusion in the law of contempt.1 I therefore believe more extensive discussion is merited.

Though the power to…

2Cases cited17 opinions

  1. United States v. WilsonSupreme Court of the United States · 1975
  2. Martin v. City of CohoesNew York Court of Appeals · 1975
  3. MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
  4. Yates v. United StatesSupreme Court of the United States · 1957
  5. District Attroney v. Angelo G.New York Court of Appeals · 1976

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