Legal Opinion
People v. Rivera
New York Court of Appeals
Decided October 27, 1983PublishedCited by 18 opinions
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
Defendant was tried previously on charges of attempted intentional murder (Penal Law, §§ 110.00, 125.25), intentional assault (Penal Law, § 120.10), reckless endangerment (Penal Law, § 120.25) and criminal possession of a weapon (Penal Law, § 265.01). He was convicted of reckless endangerment and criminal possession of a weapon. After the trial, the victim died and defendant was indicted for depraved mind murder (Penal Law, § 125.25, subd 2).1 He has moved to dismiss the murder indictment claiming that this subsequent prosecution is barred. The People rely upon…
2Cases cited9 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Ashe v. SwensonSupreme Court of the United States · 1970
- Brown v. OhioSupreme Court of the United States · 1977
- Illinois v. VitaleSupreme Court of the United States · 1980
- Diaz v. United StatesSupreme Court of the United States · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- People v. PrescottNew York Court of Appeals · 1985
- People v. LindslyAppellate Division of the Supreme Court of the State of New York · 1984
- People v. LathamNew York Court of Appeals · 1994
- Kaplan v. RitterNew York Court of Appeals · 1987
- People v. GriffinAppellate Division of the Supreme Court of the State of New York · 1987
13 more not listed; retrieve them via the Exa API.