Martinis v. Supreme Court
New York Court of Appeals
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
- Gavieres v. United StatesSupreme Court of the United States · 1911
- Hoag v. New JerseySupreme Court of the United States · 1958
- People v. SnyderNew York Court of Appeals · 1925
- People v. HerbertCalifornia Supreme Court · 1936
- State v. EmpeyUtah Supreme Court · 1925
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3Cited by27 opinions
- People v. BerkowitzNew York Court of Appeals · 1980
- People v. PlevyNew York Court of Appeals · 1980
- Abraham v. Justices of New York Supreme CourtNew York Court of Appeals · 1975
- Hooper v. GoldsteinSupreme Court of Rhode Island · 1968
- Corbin v. HilleryNew York Court of Appeals · 1989
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