Legal Opinion
DeFilippo v. Rooney
Appellate Division of the Supreme Court of the State of New York
Decided December 11, 2007PublishedCited by 4 opinions
1Opinion of the Court
*682Proceeding pursuant to CPLR article 78, inter alia, in the nature of prohibition to bar the retrial of the petitioner in an action entitled People v DeFilippo, pending in the Supreme Court, Richmond County, under indictment No. 295/04, on the ground that retrial would violate his right not to be twice placed in jeopardy for the same offense.
Adjudged that the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.
The petitioner failed to demonstrate a clear legal right to the extraordinary remedy of prohibition based on his claim that the District…
2Cases cited7 opinions
- Oregon v. KennedySupreme Court of the United States · 1982
- Holtzman v. GoldmanNew York Court of Appeals · 1988
- Goetz v. CraneAppellate Division of the Supreme Court of the State of New York · 1985
- Kopilas v. PeopleAppellate Division of the Supreme Court of the State of New York · 1985
- Majestic Collectibles, Inc. v. FarnetiAppellate Division of the Supreme Court of the State of New York · 2003
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Marino v. KahnAppellate Division of the Supreme Court of the State of New York · 2008
- Hambrick v. LaTellaAppellate Division of the Supreme Court of the State of New York · 2009
- King v. WeberAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Belton v. SpotaAppellate Division of the Supreme Court of the State of New York · 2014