Legal Opinion
People v. Kurtz
New York Court of Appeals
Decided November 25, 1980PublishedCited by 107 opinions
1Opinion of the Court
OPINION OF THE COURT
Jasen, J.
This appeal presents the issue whether constitutional or statutory double jeopardy provisions prohibit retrial after the trial court dismisses the accusatory instrument on the defendant’s own motion for the reason that the prosecutor failed to *383make an adequate opening statement as required by CPL 260.30.
On March 2, 1979, the defendant was arrested and charged in a simplified traffic information with speeding and driving while intoxicated. (Vehicle and Traffic Law, §§ 1180, 1192.) On June 20, 1979, trial was held in City Court, City of Water-town. After the jury…
2Cases cited24 opinions
- Burks v. United StatesSupreme Court of the United States · 1978
- United States v. ScottSupreme Court of the United States · 1978
- Illinois v. SomervilleSupreme Court of the United States · 1973
- Greene v. MasseySupreme Court of the United States · 1978
- Sanabria v. United StatesSupreme Court of the United States · 1978
19 more not listed; retrieve them via the Exa API.
3Cited by107 opinions
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
- People v. KeschnerNew York Court of Appeals · 2015
- People v. ColburnAppellate Division of the Supreme Court of the State of New York · 2014
- People v. MartinAppellate Division of the Supreme Court of the State of New York · 2014
- People v. GarsonAppellate Division of the Supreme Court of the State of New York · 2010
102 more not listed; retrieve them via the Exa API.