Legal Opinion
People v. Schiraldi
Criminal Court of the City of New York
Decided December 5, 1977PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
M. Marvin Berger, J.
This case brings up a fairly common problem, which, however, appears never before to have been the subject of a reported opinion in this State.
The question is whether there is a conflict of interest where the same District Attorney’s office prosecutes two cross complaints for assault arising out of a single incident.
Specifically, in the instant case Nicholas Schiraldi was charged with assaulting Norman Seaman on February 28, 1977. However, Schiraldi charged Seaman with assault arising out of the same encounter. That charge was dismissed on July 20,…
2Cases cited22 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- People v. SelikoffNew York Court of Appeals · 1974
- Laskey Bros. Of W. Va., Inc. v. Warner Bros, Pictures, Inc. (In Dissolution), Austin Theatre, Inc. v. Warner Bros. Pictures, Inc. (In Dissolution)Court of Appeals for the Second Circuit · 1955
- State v. LatigueArizona Supreme Court · 1972
- State v. MinerSupreme Court of Vermont · 1969
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3Cited by2 opinions
- Holtzman v. HellenbrandAppellate Division of the Supreme Court of the State of New York · 1987
- In re Lawrence ChildrenNew York City Family Court · 2003