Legal Opinion

People v. Casavilla

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 1991PublishedCited by 1 opinion

1Opinion of the Court

— Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered July 9, 1990, upon a verdict convicting defendant of two counts of the crime of promoting prison contraband in the first degree.

We initially find no merit to defendant’s claim that he was subjected to double jeopardy because the same incident gave rise to both a criminal indictment as well as a prison disciplinary proceeding. This court has specifically rejected this argument (see, People v Frye, 144 AD2d 714, lv denied 73 NY2d 981; People v Lane, 132 AD2d 855, lv denied 70 NY2d 801) and, contrary to…

2Cases cited3 opinions

  1. People v. FryeAppellate Division of the Supreme Court of the State of New York · 1988
  2. People v. LaneAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. DiazAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by1 opinion

  1. People v. SimsAppellate Division of the Supreme Court of the State of New York · 1997

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