Legal Opinion
People v. Sanders
Appellate Division of the Supreme Court of the State of New York
Decided October 7, 2011PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Lindley, J.
The People appeal from an order granting that part of defendant’s omnibus motion seeking to dismiss the indictment on double jeopardy grounds. For the reasons that follow, we conclude that County Court properly determined that prosecution of the indictment is barred by the Double Jeopardy Clauses of the Federal and State Constitutions.
I
By way of background, in August 2002 defendant was charged by felony complaint with assault in the second degree (Penal Law § 120.05 [1]) in connection with an incident in which he struck a man multiple times with a golf club.…
2Cases cited13 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
- Missouri v. HunterSupreme Court of the United States · 1983
- Alabama v. SmithSupreme Court of the United States · 1989
- Lockhart v. NelsonSupreme Court of the United States · 1988
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Budelmann v. LeoneAppellate Division of the Supreme Court of the State of New York · 2014
- BUDELMANN, JON E. v. LEONE, HON. THOMAS G.Appellate Division of the Supreme Court of the State of New York · 2014
- Budelmann v. LeoneAppellate Division of the Supreme Court of the State of New York · 2014