Legal Opinion
Wiley v. Altman
New York Court of Appeals
Decided April 2, 1981PublishedCited by 24 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
We are once again called upon to determine the para*412meters of the defense of previous prosecution set forth in CPL article 40. Specifically, the question posed is whether the petitioner may be prosecuted for murder in New York after he was tried for conspiracy to commit that murder in Maryland. We conclude that the present prosecution does not come within any of the exceptions to the statutory bar against vexatious multiple prosecutions.
The case arises out of an episode which occurred on February 17, 1979, when an individual was shot to death in Manhattan. It…
2Cases cited19 opinions
- Ashe v. SwensonSupreme Court of the United States · 1970
- Brown v. OhioSupreme Court of the United States · 1977
- Abney v. United StatesSupreme Court of the United States · 1977
- United States v. WheelerSupreme Court of the United States · 1978
- Crist v. BretzSupreme Court of the United States · 1978
14 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- In re of an Investigation into the Death of Jon L.New York Court of Appeals · 1982
- Corbin v. HilleryNew York Court of Appeals · 1989
- Michael Everett Paul v. Robert J. Henderson, Superintendent of the Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1983
- People v. BryantNew York Court of Appeals · 1998
- People v. LindslyAppellate Division of the Supreme Court of the State of New York · 1984
19 more not listed; retrieve them via the Exa API.