Legal Opinion

People v. Kinnaman

Appellate Division of the Supreme Court of the State of New York

Decided October 1, 2002Published

1Opinion of the Court

—Appeal from a judgment of Ontario County Court (Doran, J.), entered September 29, 2000, convicting defendant following a nonjury trial of, inter alia, reckless endangerment in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: County Court properly denied defendant’s motion to dismiss the indictment on double jeopardy grounds. The proof necessary to establish the elements of the traffic infractions to which defendant pleaded guilty in the Town Courts of Livonia and Richmond is different from the proof necessary…

2Cases cited5 opinions

  1. People v. PrescottNew York Court of Appeals · 1985
  2. People v. LindslyAppellate Division of the Supreme Court of the State of New York · 1984
  3. People v. DWIGHT S.New York Court of Appeals · 1971
  4. People v. GreenNassau County District Court · 1977
  5. People v. Dwight S.Appellate Division of the Supreme Court of the State of New York · 1970

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