People v. Gesegnet
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMoule, J.
The question presented in this appeal is whether CPL 450.20 (subd 2) which permits the People to appeal to an intermediate appellate court from a trial order of dismissal, violates defendant’s right not to be tried twice for the same offense which would place him in double jeopardy contrary to the Fifth and Fourteenth Amendments to the United States Constitution.
Defendant along with four others was charged in an Erie County Grand Jury indictment with having stolen, criminally possessed, and fraudulently registered two cars, one a 1967 Buick Electra and the other a 1968 Buick Riviera. Upon…
2Cases cited6 opinions
- Benton v. MarylandSupreme Court of the United States · 1969
- United States v. WilsonSupreme Court of the United States · 1975
- Serfass v. United StatesSupreme Court of the United States · 1975
- United States v. JenkinsSupreme Court of the United States · 1975
- People v. SabellaNew York Court of Appeals · 1974
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. BrownNew York Court of Appeals · 1976
- People v. KeyAppellate Terms of the Supreme Court of New York · 1976
- People v. BrooksAppellate Division of the Supreme Court of the State of New York · 1975
- People v. CuviljeNew York Supreme Court · 1976
- People v. Dockside 500 Marina, Inc.Appellate Terms of the Supreme Court of New York · 1975
5 more not listed; retrieve them via the Exa API.