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Legal Opinion

People v. Fields

New York Court of Appeals

Decided November 28, 1978PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Order of the Appellate Division reversed, and the indictments dismissed.

The order reversing the trial court’s dismissal of Indictment No. 2509 (heroin sale) for failure of the People to produce legally sufficient evidence must be reversed, as the People straightforwardly agree, because reprosecution on the indictment is barred by double jeopardy (see People v Key, 45 NY2d 111, 117; People v Brown, 40 NY2d 381, 393, cert den 433 US 913, mot for rearg den 42 NY2d 1015).

As to Indictment No. 2508 (cocaine possession), suppression of the contraband seized following…

2Cases cited5 opinions

  1. People v. KeyNew York Court of Appeals · 1978
  2. People v. BrownNew York Court of Appeals · 1976
  3. People v. ClementsNew York Court of Appeals · 1975
  4. New York v. BrownSupreme Court of the United States · 1977
  5. People v. WilliamsNew York Court of Appeals · 1975

3Cited by10 opinions

  1. People v. HarperAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1979
  3. People v. CrayonAppellate Division of the Supreme Court of the State of New York · 1988
  4. People v. RamirezNew York Supreme Court · 2002
  5. People v. DurdenAppellate Division of the Supreme Court of the State of New York · 1986

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