Legal Opinion
People v. Gerstner
New York Supreme Court
Decided February 2, 1996PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Francis A. Affronti, J.
By notice of motion, the defendant seeks dismissal of the first and second counts of the instant indictment accusing him of felony driving while intoxicated, in violation of Vehicle and Traffic Law § 1192 (2) and (3), respectively, contending that such prosecution violates his constitutional and statutory rights (see, CPL 40.20) against double jeopardy. Defendant’s claim is founded upon his belief that the mandatory suspension of his driver’s license pursuant to Vehicle and Traffic Law § 1193 (2) (e) (7) constituted punishment and that any further…
2Cases cited36 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Benton v. MarylandSupreme Court of the United States · 1969
- Missouri v. HunterSupreme Court of the United States · 1983
- United States v. DixonSupreme Court of the United States · 1993
- United States v. HalperSupreme Court of the United States · 1989
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3Cited by3 opinions
- Smith v. County Court of Essex CountyAppellate Division of the Supreme Court of the State of New York · 1996
- People v. ConradAppellate Terms of the Supreme Court of New York · 1996
- Gaebel v. New York State Department of Motor VehiclesNew York Supreme Court · 2013