Legal Opinion

Martinis v. Supreme Court

Appellate Division of the Supreme Court of the State of New York

Decided December 17, 1963PublishedCited by 5 opinions

1Opinion of the CourtStevens, J.

Petitioner seeks an order, pursuant to article 78 of the Civil Practice Law and Rules, prohibiting respondents from trying petitioner on Indictment No. 1005-1963. Petitioner urges to permit such a trial would constitute double jeopardy *80in violation of Ms constitutional rights, both Federal and State. To determine the validity of his contention it is necessary to review the facts and analyze the charges.

The undisputed facts are that on May 19,1963, petitioner was operating a motor vehicle along a public highway in the County of Bronx. Petitioner’s vehicle was involved in a collision with…

2Cases cited11 opinions

  1. People v. GroganNew York Court of Appeals · 1932
  2. People v. BeardenNew York Court of Appeals · 1943
  3. People v. SnyderNew York Court of Appeals · 1925
  4. People v. GardnerAppellate Division of the Supreme Court of the State of New York · 1939
  5. People ex rel. Thornwell v. HeacoxAppellate Division of the Supreme Court of the State of New York · 1931

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3Cited by5 opinions

  1. State v. HeitterSupreme Court of Delaware · 1964
  2. People ex rel. Pendleton v. SmithAppellate Division of the Supreme Court of the State of New York · 1976
  3. Haley v. DarrigrandAppellate Division of the Supreme Court of the State of New York · 1978
  4. People v. GodfreyCriminal Court of the City of New York · 1988
  5. Glines v. SchneiderAppellate Division of the Supreme Court of the State of New York · 1976

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