Smith v. Marrus
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*709Proceeding pursuant to CPLR article 78 in the nature of prohibition, to prohibit the respondents from proceeding with the retrial of the petitioner, Danny Smith, who is the defendant in a criminal action entitled People v Smith, pending in the Supreme Court, Kings County, under indictment No. 4187/04.
Adjudged that the petition is denied, without costs or disbursements, and the proceeding is dismissed on the merits.
The Double Jeopardy Clauses of the state and federal constitutions protect an accused from multiple prosecutions for the same offense (see US Const 5th Amend; NY Const, art I, § 6).…
2Cases cited7 opinions
- Arizona v. WashingtonSupreme Court of the United States · 1978
- Illinois v. SomervilleSupreme Court of the United States · 1973
- People v. FergusonNew York Court of Appeals · 1986
- Plummer v. RothwaxNew York Court of Appeals · 1984
- People v. SparacinoAppellate Division of the Supreme Court of the State of New York · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Smith v. BrownAppellate Division of the Supreme Court of the State of New York · 2013
- People v. SandersAppellate Division of the Supreme Court of the State of New York · 2008
- Taylor v. DowlingAppellate Division of the Supreme Court of the State of New York · 2013
- Jeffrey v. FiretogAppellate Division of the Supreme Court of the State of New York · 2007
- Rivera v. FiretogAppellate Division of the Supreme Court of the State of New York · 2007
8 more not listed; retrieve them via the Exa API.