Legal Opinion
People v. Gonzalez
New York Court of Appeals
Decided October 24, 2002PublishedCited by 41 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
Defendant in each of these unrelated appeals was convicted of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) and criminal sale of a controlled substance in or near school grounds (Penal Law § 220.44 [2]) based on a single drug transaction. Defendants now claim that their simultaneous convictions for offenses based on a single act violate the Fifth Amendment’s prohibition against double jeopardy.
The facts of these “buy-and-bust” cases are straightforward. In People v Gonzalez, an undercover narcotics officer approached a man…
2Cases cited7 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Missouri v. HunterSupreme Court of the United States · 1983
- Whalen v. United StatesSupreme Court of the United States · 1980
- People v. MichaelNew York Court of Appeals · 1979
- People v. BrownNew York Court of Appeals · 2002
2 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- People v. NievesNew York Court of Appeals · 2004
- People v. WilliamsNew York Court of Appeals · 2010
- People v. BiggsNew York Court of Appeals · 2003
- People v. HajratalliAppellate Division of the Supreme Court of the State of New York · 2021
- People v. CesarAppellate Division of the Supreme Court of the State of New York · 2015
36 more not listed; retrieve them via the Exa API.