Legal Opinion
Stressler v. Hynes
Appellate Division of the Supreme Court of the State of New York
Decided January 17, 1991PublishedCited by 4 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 in the nature of a writ of prohibition to bar the retrial of the petitioner under Kings County indictment Number 7950/90, inter alia, on the ground that retrial would violate his right not to twice be placed in jeopardy for the same offense.
Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.
The petitioner is charged in Kings County indictment Number 7950/90 inter alia, with murder in the second degree in connection with the shooting death of Yusef Hawkins on August 23, 1989. During a readback of testimony…
2Cases cited5 opinions
- Oregon v. KennedySupreme Court of the United States · 1982
- Holtzman v. GoldmanNew York Court of Appeals · 1988
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- People v. RodriguezNew York Court of Appeals · 1988
- People v. LesterAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by4 opinions
- People v. GajadharAppellate Division of the Supreme Court of the State of New York · 2007
- People v. ReedAppellate Division of the Supreme Court of the State of New York · 2003
- Bell v. ShermanAppellate Division of the Supreme Court of the State of New York · 1991
- People v. GajadaharNew York Supreme Court · 2002