Maynard v. Wait
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWhite, J.
Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506 [b] [1]) to prohibit respondents from retrying petitioner on an indictment charging him with attempted sodomy in the first degree, sexual abuse in the first degree, unlawful imprisonment in the second degree and assault in the third degree.
Claiming that a retrial of the indictment charging him with various sex-related offenses is barred by the principles of double jeopardy, petitioner has commenced this CPLR article 78 proceeding in the nature of a writ of prohibition.
*854Initially, we shall deny respondents’…
2Cases cited9 opinions
- United States v. JornSupreme Court of the United States · 1971
- Arizona v. WashingtonSupreme Court of the United States · 1978
- People v. MichaelNew York Court of Appeals · 1979
- Hall v. PotokerNew York Court of Appeals · 1980
- Enright v. SiedleckiNew York Court of Appeals · 1983
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Morris v. LivoteAppellate Division of the Supreme Court of the State of New York · 2013
- People v. LiottaAppellate Division of the Supreme Court of the State of New York · 2000
- Pronti v. AllenAppellate Division of the Supreme Court of the State of New York · 2004
- Taylor v. DowlingAppellate Division of the Supreme Court of the State of New York · 2013
- People v. SavinonAppellate Division of the Supreme Court of the State of New York · 2002
3 more not listed; retrieve them via the Exa API.