Auer v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Cardamone, J. P.
In this CPLR article 78 proceeding petitioners Mulroy and Auer, who have previously been charged and convicted by Special Prosecutor Andreoli with conspiring illegally to raise funds for the Onondaga County Republican Committee, seek to prohibit further prosecution. The Special Prosecutor asserts that petitioners’ activities over a period of years have violated the general conspiracy statutes and several other substantive statutes of New York. He has secured three indictments— 1978, 1979 and 1980—against petitioners. The 1978 indictment has been tried. The…
2Cases cited27 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Ashe v. SwensonSupreme Court of the United States · 1970
- Benton v. MarylandSupreme Court of the United States · 1969
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3Cited by24 opinions
- People v. LindslyAppellate Division of the Supreme Court of the State of New York · 1984
- Rafferty v. OwensAppellate Division of the Supreme Court of the State of New York · 1981
- Carney v. LearyAppellate Division of the Supreme Court of the State of New York · 1985
- People v. FletcherNew York Supreme Court · 1982
- People v. SerranoNew York Supreme Court · 1983
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