Legal Opinion
People v. Biear
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 2014No. 2012-08471PublishedCited by 5 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Zambelli, J), rendered August 16, 2012, convicting him of falsely reporting an incident in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s contention that the instant prosecution is barred by the double jeopardy statute (CPL 40.20) because it is based upon the same alleged act that was the basis of a count in a federal indictment and prosecution of the defendant is without merit. CPL 40.20 (2) (b) provides that a person may not be prosecuted for…
2Cases cited12 opinions
- People v. SandovalNew York Court of Appeals · 1974
- People v. HayesNew York Court of Appeals · 2002
- Parr v. United StatesSupreme Court of the United States · 1960
- People v. McLaurinAppellate Division of the Supreme Court of the State of New York · 2006
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2010
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. ManigatAppellate Division of the Supreme Court of the State of New York · 2016
- People v. LombardoAppellate Division of the Supreme Court of the State of New York · 2017
- People v. CaganAppellate Division of the Supreme Court of the State of New York · 2020
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2015
- People v. CearaAppellate Division of the Supreme Court of the State of New York · 2015