Legal Opinion
People v. Latham
New York Court of Appeals
Decided February 10, 1994PublishedCited by 21 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
Weeks after defendant pleaded guilty to attempted murder and was sentenced for that crime, the victim of his attack died, and he was indicted for murder in the second degree. Because we conclude that the "delayed death” exemption from New York’s statutory protection against double jeopardy (CPL 40.20 [2] [d]) extends to the offense of attempted murder, the order of the Appellate Division reinstating the murder indictment must be affirmed.
I
When Marie Shambeau broke off her relationship with defendant on May 18, 1990, he strangled and stabbed her. Some hours…
2Cases cited11 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Brown v. OhioSupreme Court of the United States · 1977
- United States v. DixonSupreme Court of the United States · 1993
- Grady v. CorbinSupreme Court of the United States · 1990
- Diaz v. United StatesSupreme Court of the United States · 1912
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- MATTER OF SUAREZ v. ByrneNew York Court of Appeals · 2008
- State of Iowa v. Joseph D. CerettiSupreme Court of Iowa · 2015
- State v. Rodney J. Miles a/k/a Jamal D. Allen (077035) (Camden County and Statewide)Supreme Court of New Jersey · 2017
- People v. LathamNew York Court of Appeals · 1997
- People v. DallasAppellate Division of the Supreme Court of the State of New York · 2007
16 more not listed; retrieve them via the Exa API.