Legal Opinion

Martinis v. Supreme Court

New York Court of Appeals

Decided March 11, 1965PublishedCited by 27 opinions

1Opinion of the CourtDye, J.

This is an appeal by permission of the Appellate Division, First Department, from a unanimous order of that court granted in an article 78 proceeding prohibiting respondents-appellants from trying the petitioner on an indictment charging him with vehicular homicide on the ground that such a trial would subject him to double jeopardy (Matter of Martinis v. Supreme Ct. of State of N. Y., 20 A D 2d 79).

By way of background, it appears that on the evening of May 19, 1963, while petitioner Martinis was operating his automobile on the Henry Hudson Parkway, a public highway in the County of Bronx,…

2Cases cited9 opinions

  1. Gavieres v. United StatesSupreme Court of the United States · 1911
  2. Hoag v. New JerseySupreme Court of the United States · 1958
  3. People v. SnyderNew York Court of Appeals · 1925
  4. People v. HerbertCalifornia Supreme Court · 1936
  5. State v. EmpeyUtah Supreme Court · 1925

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3Cited by27 opinions

  1. People v. BerkowitzNew York Court of Appeals · 1980
  2. People v. PlevyNew York Court of Appeals · 1980
  3. Abraham v. Justices of New York Supreme CourtNew York Court of Appeals · 1975
  4. Hooper v. GoldsteinSupreme Court of Rhode Island · 1968
  5. Corbin v. HilleryNew York Court of Appeals · 1989

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

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