Rafferty v. Owens
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mollen, P.J.
In this proceeding, the petitioner seeks a writ of prohibition to prevent a second trial of the Richmond County indictment pending against him. His first trial ended with a not guilty verdict on one count of the indictment and jury disagreement as to the remaining two counts. The petitioner’s position here is, inter alia, that his motion for a trial order of dismissal should have been granted because the evidence presented at his trial was legally insufficient to sustain a criminal conviction. He contends that, as a result, a retrial on the unresolved counts…
2Cases cited15 opinions
- Burks v. United StatesSupreme Court of the United States · 1978
- Green v. United StatesSupreme Court of the United States · 1957
- United States v. ScottSupreme Court of the United States · 1978
- Logan v. United StatesSupreme Court of the United States · 1892
- Lee v. United StatesSupreme Court of the United States · 1977
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3Cited by17 opinions
- State v. SeravalliSupreme Court of Connecticut · 1983
- People v. TingueAppellate Division of the Supreme Court of the State of New York · 1983
- People v. DannAppellate Division of the Supreme Court of the State of New York · 1984
- People v. KappenAppellate Division of the Supreme Court of the State of New York · 2016
- Hoffler v. JaconAppellate Division of the Supreme Court of the State of New York · 2010
12 more not listed; retrieve them via the Exa API.