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Legal Opinion

People v. Sailor

New York Court of Appeals

Decided June 4, 1985PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Simons, J.

Defendant has been convicted after trial of several offenses arising out of a 1978 bank robbery. He does not contest the validity of these convictions; rather, he insists that the sentence imposed upon him as a second felony offender violates the double jeopardy clause of both the United States Constitution (US Const 5th amend), made applicable to the States through the 14th Amendment (US Const 14th amend; see, Benton v Maryland, 395 US 784), and the New York State Constitution (NY Const, art I, § 6). This is so, he claims, because County Court used a 1969…

2Cases cited26 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Burks v. United StatesSupreme Court of the United States · 1978
  3. Benton v. MarylandSupreme Court of the United States · 1969
  4. Brown v. OhioSupreme Court of the United States · 1977
  5. Green v. United StatesSupreme Court of the United States · 1957

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3Cited by1 opinion

  1. People ex rel. New York, Westchester & Boston Railway Co. v. WaldorfAppellate Division of the Supreme Court of the State of New York · 1915

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