Legal Opinion
MATTER OF POLITO v. Walsh
New York Court of Appeals
Decided June 28, 2007PublishedCited by 7 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
Petitioners were prosecuted in federal court for murder in aid of racketeering. A jury convicted them, but a federal Court of Appeals reversed the conviction and dismissed the charge because the Government had failed to prove the “aid of racketeering” element of the crime. A New York grand jury then indicted petitioners for murder.
Petitioners brought this proceeding to prohibit the state-court prosecution, claiming that it violates CPL 40.20 (1), one of New York’s double jeopardy statutes. We hold that the statute has not been violated.
Facts and Procedural History
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2Cases cited9 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Bartkus v. IllinoisSupreme Court of the United States · 1959
- United States v. Anthony Bruno, Angelo Cerasulo, John Imbrieco, Mario Fortunato and Carmine PolitoCourt of Appeals for the Second Circuit · 2004
- Abraham v. Justices of New York Supreme CourtNew York Court of Appeals · 1975
- People v. Lo CiceroNew York Court of Appeals · 1964
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. FortunatoAppellate Division of the Supreme Court of the State of New York · 2010
- People v. SerranoNew York Supreme Court · 2014
- Cascino v. Judges of Albany County CourtAppellate Division of the Supreme Court of the State of New York · 2012
- Cascino v. Judges of Albany County CourtAppellate Division of the Supreme Court of the State of New York · 2012
- In THE MATTER OF POLITO v. WalshNew York Court of Appeals · 2007
2 more not listed; retrieve them via the Exa API.