Legal Opinion
People v. DiSimone
New York Supreme Court
Decided January 7, 2009Published
1Opinion of the Court
OPINION OF THE COURT
Lester B. Adler, J.
By notice of motion dated September 15, 2008, defendant moves for an order dismissing the indictment and/or barring a retrial of the instant indictment. In response, the People have filed an affirmation in opposition with accompanying memorandum of law dated November 21, 2008. Defendant filed a reply memorandum of law with the court on December 18, 2008.1
Factual and Procedural Background
Defendant was charged by indictment No. 97-1782 with two counts of murder in the second degree (both intentional and depraved indifference murder), and two counts of…
2Cases cited53 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- North Carolina v. PearceSupreme Court of the United States · 1969
- Giglio v. United StatesSupreme Court of the United States · 1972
- United States v. AgursSupreme Court of the United States · 1976
- Ashe v. SwensonSupreme Court of the United States · 1970
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