O'Neill v. Caruso

Appellate Division of the Supreme Court of New York

O'Neill v. Caruso

49 A.D.2d 702, 1975 N.Y. App. Div. LEXIS 10552

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

DecidedApril 4, 1975

StatusPublished

This text of 49 A.D.2d 702 (O'Neill v. Caruso) 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

O'Neill v. Caruso, 49 A.D.2d 702, 1975 N.Y. App. Div. LEXIS 10552 (N.Y. Ct. App. 1975).

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Opinion

Proceeding pursuant to CPLR article 78 (1) to prohibit respondents from trying petitioner upon the second count of Indictment No. 72-00204 and (2) to dismiss said count on the ground that retrial of petitioner upon said count would violate his constitutional protection against double jeopardy and that CPL 310.60 (subd 2) requiring such retrial is unconstitutional. Application denied and proceeding dismissed, without costs. Temporary stay contained in order to show cause signed by Hon. Arthur D. Brennan is vacated. Rabin, Acting P. J., Martuscello, Cohalan, Brennan and Munder, JJ., concur.

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Proceeding pursuant to CPLR article 78 (1) to prohibit respondents from trying petitioner upon the second count of Indictment No. 72-00204 and (2) to dismiss said count on the ground that retrial of petitioner upon said count would violate his constitutional protection against double jeopardy and that CPL 310.60 (subd 2) requiring such retrial is unconstitutional. Application denied and proceeding dismissed, without costs. Temporary stay contained in order to show cause signed by Hon. Arthur D. Brennan is vacated. Rabin, Acting P. J., Martuscello, Cohalan, Brennan and Munder, JJ., concur.

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Bluebook (online)

49 A.D.2d 702, 1975 N.Y. App. Div. LEXIS 10552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oneill-v-caruso-nyappdiv-1975.