Legal Opinion
People ex rel. Dowdy v. Smith
New York Court of Appeals
Decided November 27, 1979PublishedCited by 43 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
A prior acquittal based on the defense of entrapment in *480a criminal proceeding collaterally estops the Board of Parole from revoking parole on the basis of the transactions proved and admitted in the criminal action.
Relator, a multiple felony offender, was on parole under concurrent sentences for robbery in the first degree and felonious possession of a weapon. On May 5, 1977 he was arrested on two indictments charging him with first degree criminal sale of a controlled substance, first and third degree criminal possession of a controlled substance and first degree…
2Cases cited15 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Gagnon v. ScarpelliSupreme Court of the United States · 1973
- Ashe v. SwensonSupreme Court of the United States · 1970
- Helvering v. MitchellSupreme Court of the United States · 1938
- Sunshine Anthracite Coal Co. v. AdkinsSupreme Court of the United States · 1940
10 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- People v. BerkowitzNew York Court of Appeals · 1980
- MATTER OF JUAN C. v. CortinesNew York Court of Appeals · 1997
- People v. PlevyNew York Court of Appeals · 1980
- People v. GoodmanNew York Court of Appeals · 1986
- People v. AcevedoNew York Court of Appeals · 1987
38 more not listed; retrieve them via the Exa API.