Legal Opinion
People v. Capellan
New York Supreme Court
Decided June 20, 2007Published
1Opinion of the Court
OPINION OF THE COURT
Lewis Bart Stone, J.
Defendants Daniel Capellán and Julio Santos move pursuant to the double jeopardy clauses of the state and federal constitutions as well as Criminal Procedure Law § 40.20 to bar retrial of this case and to dismiss the indictment. The People oppose the motion.
Factual Background
The defendants were indicted for one count of criminal sale of a controlled substance in the third degree stemming from an arrest on June 10, 2006. Their trial began with jury selection and openings on Thursday, February 1, 2007, with testimony of witnesses beginning on February 5,…
2Cases cited11 opinions
- Illinois v. SomervilleSupreme Court of the United States · 1973
- People v. MichaelNew York Court of Appeals · 1979
- People v. FergusonNew York Court of Appeals · 1986
- Enright v. SiedleckiNew York Court of Appeals · 1983
- Colcloughley v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1986
6 more not listed; retrieve them via the Exa API.