People ex rel. Singletary v. Dalsheim

In a habeas corpus proceeding, petitioner appeals from a *554judgment of the Supreme Court, Westchester County (Dachenhausen, J.), entered August 22, 1980, which denied the petition and dismissed the writ. Judgment affirmed, without costs or disbursements. Although the Court of Appeals has not yet passed upon the issue (see People ex rel. Dowdy v Smith, 48 NY2d 477, 484), the majority of appellate courts that have considered it have concluded that, at least where it has appeared that the acquittal was based upon the prosecution’s failure to meet its burden of proof, the doctrine of collateral…