De Canzio v. Kennedy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Simons, J. P.
Petitioner has been convicted of murder and his conviction has been affirmed on appeal (People v De Canzio, 53 AD2d 1065, mot for lv to app den 40 NY2d 849). The judgment was subsequently vacated, however, because of newly discovered evidence (CPL 440.10, subd 1, par [g]), and in this article 78 proceeding petitioner seeks to prohibit respondents, the Justice to whom the case is assigned for trial and the District Attorney, from proceeding, claiming that his retrial places him twice in jeopardy (US Const, 5th, 14 Arndts; Benton v Maryland, 395 US 784; NY…
2Cases cited37 opinions
- Giglio v. United StatesSupreme Court of the United States · 1972
- Burks v. United StatesSupreme Court of the United States · 1978
- Napue v. IllinoisSupreme Court of the United States · 1959
- Benton v. MarylandSupreme Court of the United States · 1969
- Green v. United StatesSupreme Court of the United States · 1957
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3Cited by23 opinions
- People v. CadeNew York Court of Appeals · 1989
- Johnson v. MorgenthauNew York Court of Appeals · 1987
- Potenza v. KaneAppellate Division of the Supreme Court of the State of New York · 1981
- People v. ClarkeAppellate Division of the Supreme Court of the State of New York · 2008
- People v. LaneAppellate Division of the Supreme Court of the State of New York · 1983
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