Legal Opinion

People v. Okafore

New York Court of Appeals

Decided June 9, 1988PublishedCited by 73 opinions

1Opinion of the Court

OPINION OF THE COURT

Simons, J.

In Matter of Johnson v Morgenthau (69 NY2d 148), we determined that criminal possession of a weapon in the third degree was a continuing crime. We found, therefore, that although the defendant had unlawfully possessed a weapon in The Bronx and Manhattan during a continuous six-day period only one crime had been committed. As a result, double jeopardy principles prohibited New York County from prosecuting him for criminal possession of a weapon in the third degree after he had been placed in jeopardy for the same crime in Bronx County. In the matter before us,…

2Cases cited20 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Brown v. OhioSupreme Court of the United States · 1977
  3. Ohio v. JohnsonSupreme Court of the United States · 1984
  4. People v. GloverNew York Court of Appeals · 1982
  5. Braverman v. United StatesSupreme Court of the United States · 1942

15 more not listed; retrieve them via the Exa API.

3Cited by73 opinions

  1. People v. ShackNew York Court of Appeals · 1995
  2. People v. DavisNew York Court of Appeals · 1988
  3. People v. SalcedoNew York Court of Appeals · 1998
  4. People v. WrightNew York Court of Appeals · 2012
  5. People v. SanchezNew York Court of Appeals · 1994

68 more not listed; retrieve them via the Exa API.

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