Legal Opinion
People v. Alvarez
New York Supreme Court
Decided November 19, 1976PublishedCited by 4 opinions
1Opinion of the CourtBentley Kassal, J.
issues
After retrial of this indictment, two issues are presented by defendant’s motion to set aside the jury verdict convicting him of conspiracy as well as five substantive crimes:
1. Does the double jeopardy clause of the Fifth Amendment bar conviction on the conspiracy count which had been dismissed by a trial order of dismissal before the first trial of this case ended in a mistrial?
2. If retrial of the conspiracy count is so barred, are the convictions obtained on the other counts in the indictment fatally tainted by the inclusion of this count in the second trial?
FACTS
Defendant was…
2Cases cited34 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- Ashe v. SwensonSupreme Court of the United States · 1970
- Pinkerton v. United StatesSupreme Court of the United States · 1946
- Dutton v. EvansSupreme Court of the United States · 1970
- Illinois v. SomervilleSupreme Court of the United States · 1973
29 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. WilczynskiNew York Supreme Court · 1977
- People v. MedinaAppellate Division of the Supreme Court of the State of New York · 1985
- Nelson v. LilleyDistrict Court, W.D. New York · 2022
- People v. JacobsNew York Supreme Court · 1985