Rubenfeld v. Appelman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Proceeding pursuant to CPLR article 78 to prohibit the respondents from retrying the defendant under Queens County Indictment No. N11743/95 on the ground that retrial would violate his right not to be twice placed in jeopardy for the same offense.
Upon the petition, the papers filed in support of the proceeding, and the papers filed in opposition thereto, it is
Adjudged that the petition is granted, on the law, without costs or disbursements, and the People are prohibited from retrying the defendant on Queens County Indictment No. N11743/95.
At the conclusion of defense counsel’s summation to…
2Cases cited13 opinions
- People v. MichaelNew York Court of Appeals · 1979
- People v. FergusonNew York Court of Appeals · 1986
- Hall v. PotokerNew York Court of Appeals · 1980
- Enright v. SiedleckiNew York Court of Appeals · 1983
- MATTER OF DAVIS v. BrownNew York Court of Appeals · 1996
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Commonwealth v. KellySuperior Court of Pennsylvania · 2002
- Romero v. Justices of the Supreme CourtAppellate Division of the Supreme Court of the State of New York · 1997
- Morris v. LivoteAppellate Division of the Supreme Court of the State of New York · 2013
- People v. RamchairAppellate Division of the Supreme Court of the State of New York · 2003
- Pronti v. AllenAppellate Division of the Supreme Court of the State of New York · 2004
10 more not listed; retrieve them via the Exa API.