Legal Opinion
People v. Arnold
New York Supreme Court
Decided October 8, 1997PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
John M. Leventhal, J.
The issue in these two unrelated cases is whether, under constitutional and State statutory double jeopardy principles, a criminal prosecution in the Supreme Court is precluded by a prior Family Court disposition imposed for a violation of an order of protection based on the same underlying conduct.
In People v Arnold, Sebastian Arnold’s then wife1 commenced a Family Court proceeding under article 8 of the Family Court Act alleging that the defendant argued with her, cursed at her and destroyed her property on April 2, 1995. Arnold’s wife also alleged…
2Cases cited39 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
- Brown v. OhioSupreme Court of the United States · 1977
- Addington v. TexasSupreme Court of the United States · 1979
- United States v. DixonSupreme Court of the United States · 1993
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3Cited by8 opinions
- Rubackin v. RubackinAppellate Division of the Supreme Court of the State of New York · 2009
- People v. WoodNew York Court of Appeals · 2000
- People v. WoodAppellate Division of the Supreme Court of the State of New York · 1999
- People v. TriuckNew York Supreme Court · 1998
- People v. AllenNew York Supreme Court · 2004
3 more not listed; retrieve them via the Exa API.