Legal Opinion

Dickson v. Morgenthau

Appellate Division of the Supreme Court of the State of New York

Decided June 12, 1984PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Bloom, J.

Petitioner brings this proceeding to prohibit her retrial on the charge of robbery in the second degree upon the ground that she had previously been placed in jeopardy and that a retrial would violate the prohibition against double jeopardy. We agree. Accordingly, the application is granted.

By indictment No. 7073/82, filed October 29, 1982, petitioner and her codefendant Diane Thomas were indicted by the New York County Grand Jury for robbery in the second degree. Thereafter, petitioner moved for a severance and for a separate trial. That motion was denied.

On…

2Cases cited11 opinions

  1. Benton v. MarylandSupreme Court of the United States · 1969
  2. Arizona v. WashingtonSupreme Court of the United States · 1978
  3. People v. MichaelNew York Court of Appeals · 1979
  4. Hall v. PotokerNew York Court of Appeals · 1980
  5. Abraham v. Justices of New York Supreme CourtNew York Court of Appeals · 1975

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3Cited by10 opinions

  1. Rubenfeld v. AppelmanAppellate Division of the Supreme Court of the State of New York · 1996
  2. Colcloughley v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1986
  3. Capellan v. StoneAppellate Division of the Supreme Court of the State of New York · 2008
  4. People v. RamchairAppellate Division of the Supreme Court of the State of New York · 2003
  5. People v. MarcoNew York Supreme Court · 1987

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

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