Potenza v. Kane
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Simons, J. P.
Petitioner is an attorney charged with bribing an Assistant District Attorney to obtain favorable treatment for his clients. His trial ended when his motion for a mistrial was granted. Claiming that the double jeopardy clause bars retrial because his motion was provoked by prosecutorial misconduct, he brings this CPLR article 78 proceeding seeking an order of prohibition (see Matter of Di Lorenzo *468v Murtagh, 36 NY2d 306, 309; Matter of Kraemer v County Ct. of Suffolk County, 6 NY2d 363; Matter of De Canzio v Kennedy, 67 AD2d 111, 113). We find no misconduct by…
2Cases cited17 opinions
- Benton v. MarylandSupreme Court of the United States · 1969
- Green v. United StatesSupreme Court of the United States · 1957
- United States v. JornSupreme Court of the United States · 1971
- Arizona v. WashingtonSupreme Court of the United States · 1978
- Wade v. HunterSupreme Court of the United States · 1949
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Schumer v. HoltzmanNew York Court of Appeals · 1983
- People v. JeffersonAppellate Division of the Supreme Court of the State of New York · 1998
- People v. LewisAppellate Division of the Supreme Court of the State of New York · 1986
- People v. PolkAppellate Division of the Supreme Court of the State of New York · 1981
- Petrucelli v. SmithDistrict Court, W.D. New York · 1982
13 more not listed; retrieve them via the Exa API.