Cohen v. Lotto
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding pursuant to CFLR article 78 in the nature of prohibition to bar the retrial of the petitioner in an action entitled People v Cohen, pending in the District Court, Suffolk *486County, under docket No. 2002SU-053164, on the ground that retrial would violate his right not to be twice placed in jeopardy for the same offense, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Emerson, J.), dated October 25, 2004, which denied the petition and dismissed the proceeding.
Ordered that the judgment is reversed, on the law, without costs or disbursements, the…
2Cases cited16 opinions
- Grady v. CorbinSupreme Court of the United States · 1990
- Illinois v. SomervilleSupreme Court of the United States · 1973
- Rush v. MordueNew York Court of Appeals · 1986
- People v. MichaelNew York Court of Appeals · 1979
- People v. FergusonNew York Court of Appeals · 1986
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3Cited by10 opinions
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- Smith v. BrownAppellate Division of the Supreme Court of the State of New York · 2013
- Taylor v. DowlingAppellate Division of the Supreme Court of the State of New York · 2013
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