Northrup v. Relin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Boehm, J.
Petitioner, William J. Northrup, III, commenced this CPLR article 78 proceeding to prohibit further prosecution by the District Attorney of Monroe County (respondent) and a trial presided over by a Judge of Monroe County Court of an indictment naming petitioner as defendant. Petitioner contends that prosecuting him under that indictment would constitute double jeopardy and is prohibited by CPL 40.20 and NY Constitution, article I, § 6. Petitioner also seeks to dismiss respondent's counterclaim for a declaratory judgment.
I
Petitioner, a sergeant in the United States…
2Cases cited13 opinions
- Grady v. CorbinSupreme Court of the United States · 1990
- Abraham v. Justices of New York Supreme CourtNew York Court of Appeals · 1975
- Corbin v. HilleryNew York Court of Appeals · 1989
- People v. MoquinNew York Court of Appeals · 1991
- United States v. SanchezUnited States Court of Military Appeals · 1960
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3Cited by4 opinions
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- Hill v. EppolitoNew York Supreme Court · 2003
- Coram v. Board of Examiners, Sex Offender RegistryNew York Supreme Court · 2003
- Morris v. ReynoldsDistrict Court, S.D. New York · 2000