Drucker v. Boklan

Appellate Division of the Supreme Court of New York

Drucker v. Boklan

160 A.D.2d 698, 554 N.Y.S.2d 41, 1990 N.Y. App. Div. LEXIS 3851

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 2, 1990

StatusPublished

This text of 160 A.D.2d 698 (Drucker v. Boklan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Drucker v. Boklan, 160 A.D.2d 698, 554 N.Y.S.2d 41, 1990 N.Y. App. Div. LEXIS 3851 (N.Y. Ct. App. 1990).

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Opinion

—Proceeding pursuant to CPLR article 78 to prohibit the trial of indictment No. 70687, on the ground that a trial would violate the petitioner’s right against double jeopardy.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

Dismissal on double jeopardy grounds is not warranted here, where the District Court of Nassau County, at the time that it accepted a plea of guilty, had been divested of jurisdiction by the indictment of the petitioner on the same charge (see, People v Anderson, 140 AD2d 528; People v Phillips, 66 AD2d 696, affd 48 NY2d 1011; CPL 170.20). Accordingly, the petition is denied and the proceeding is dismissed. Mangano, P. J., Thompson, Harwood and Balletta, JJ., concur.

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—Proceeding pursuant to CPLR article 78 to prohibit the trial of indictment No. 70687, on the ground that a trial would violate the petitioner’s right against double jeopardy.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

Dismissal on double jeopardy grounds is not warranted here, where the District Court of Nassau County, at the time that it accepted a plea of guilty, had been divested of jurisdiction by the indictment of the petitioner on the same charge (see, People v Anderson, 140 AD2d 528; People v Phillips, 66 AD2d 696, affd 48 NY2d 1011; CPL 170.20). Accordingly, the petition is denied and the proceeding is dismissed. Mangano, P. J., Thompson, Harwood and Balletta, JJ., concur.

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Bluebook (online)

160 A.D.2d 698, 554 N.Y.S.2d 41, 1990 N.Y. App. Div. LEXIS 3851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drucker-v-boklan-nyappdiv-1990.

Opinion

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