Legal Opinion

People v. Minton

New York District Court

Decided August 4, 1967PublishedCited by 2 opinions

1Opinion of the CourtOscar Murov, J.

Defendant is charged with resisting a public officer in the discharge of his duty, in violation of section 1851 of the Penal Law.

Defendant was also charged with an assault on the same officer, growing out of the resisting arrest, but was acquitted of the crime of assault in the third degree after trial by jury.

On this motion, defendant seeks permission to interpose the additional defense of prior acquittal and double jeopardy, on the ground that the trial of the charge of resisting arrest will of necessity involve a retrial of the issues in the assault charge of which defendant has already…

2Cases cited16 opinions

  1. Morey v. CommonwealthMassachusetts Supreme Judicial Court · 1871
  2. People v. . SmithNew York Court of Appeals · 1902
  3. People v. CherryNew York Court of Appeals · 1954
  4. People v. RodgersAppellate Division of the Supreme Court of the State of New York · 1918
  5. People v. SkarczewskiNew York Court of Appeals · 1942

11 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. People v. NotricaNew York District Court · 1971
  2. People v. Blount, New York County Courts1971

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