Legal Opinion
People v. Rivera
New York Supreme Court
Decided November 17, 1981PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Walter M. Schackman, J.
the ISSUE
Upon an indictment for attempted intentional murder, intentional assault and reckless endangerment the defendant was convicted of the last charge. Subsequently the victim died allegedly as a result of the original incident. Can the defendant now be prosecuted for “depraved mind” murder or is such prosecution barred by the principles of double jeopardy?
THE FACTS
After an incident that occurred on July 6,1976, in which the original complaining witness, Felix Fonseca, was severely injured, the defendants — Julio Rivera and Angel Suarez — were…
2Cases cited6 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
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. BetancesAppellate Terms of the Supreme Court of New York · 2002
- People v. SuarezAppellate Division of the Supreme Court of the State of New York · 1982