Legal Opinion
Mason v. Rothwax
Appellate Division of the Supreme Court of the State of New York
Decided December 12, 1989PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
This is a proceeding brought in the Supreme Court, Appellate Division, First Department, in which petitioner Arthur Mason seeks a writ of prohibition barring the respondents from prosecuting him pursuant to indictment number 300/88, brought in New York County, on the ground of double jeopardy in violation, inter alia, of the NY Constitution (art I, § 6), the Fifth and Fourteenth Amendments of the US Constitution and CPL 40.20. The respondents move to dismiss the petition.
The claim of double jeopardy is based upon a Federal prosecution which resulted in the…
2Cases cited9 opinions
- Ashe v. SwensonSupreme Court of the United States · 1970
- Bartkus v. IllinoisSupreme Court of the United States · 1959
- People v. GoodmanNew York Court of Appeals · 1986
- People v. AbbamonteNew York Court of Appeals · 1977
- Abraham v. Justices of New York Supreme CourtNew York Court of Appeals · 1975
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3Cited by4 opinions
- MATTER OF JUAN C. v. CortinesNew York Court of Appeals · 1997
- People v. VespreyAppellate Division of the Supreme Court of the State of New York · 1992
- People v. HelmsleyAppellate Division of the Supreme Court of the State of New York · 1991
- People v. TrucchioNew York Supreme Court · 1993