Legal Opinion
People v. Brown
New York Court of Appeals
Decided June 17, 1976PublishedCited by 84 opinions
1Opinion of the CourtJones, J.
We now hold that CPL 450.20 (subd 2) providing that the People may appeal a trial order of dismissal entered pursuant to CPL 290.10 is unconstitutional as violative of the right not to be placed twice in jeopardy for the same offense (NY Const, art I, § 6; US Const, 5th Arndt) if "further proceedings of some sort, devoted to the resolution of factual issues going to the elements of the offense charged, would have been *383required upon reversal and remand”. (United States v Jenkins, 420 US 358, 370.)
We recently rejected a similar constitutional challenge to the People’s statutory right to appeal…
2Cases cited16 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Benton v. MarylandSupreme Court of the United States · 1969
- Green v. United StatesSupreme Court of the United States · 1957
- United States v. JornSupreme Court of the United States · 1971
- Wade v. HunterSupreme Court of the United States · 1949
11 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Holtzman v. GoldmanNew York Court of Appeals · 1988
- People v. ConsolazioNew York Court of Appeals · 1976
- People v. CarterNew York Court of Appeals · 1984
- People v. KeyNew York Court of Appeals · 1978
- People v. MillanNew York Court of Appeals · 1987
79 more not listed; retrieve them via the Exa API.