People v. De Mino

Appellate Division of the Supreme Court of New York

People v. De Mino

35 A.D.2d 979, 317 N.Y.S.2d 929, 1970 N.Y. App. Div. LEXIS 3104

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

DecidedDecember 21, 1970

StatusPublished

Cited by1 cases

This text of 35 A.D.2d 979 (People v. De Mino) 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

People v. De Mino, 35 A.D.2d 979, 317 N.Y.S.2d 929, 1970 N.Y. App. Div. LEXIS 3104 (N.Y. Ct. App. 1970).

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Opinion

Christ, P. J., Munder, Kleinfeld and Brennan, JJ., concur; Latham, J., concurs in the result, with the following memorandum.: In my opinion, the order appealed from should be affirmed on the ground that defendant waived his right to raise the issue of double jeopardy for the first time in this proceeding instituted 16 years after conviction. Defendant did not interpose a plea of double jeopardy or raise the defense in any other manner at his second trial [980]*980(People ex rel. Williams v. Follette, 30 A D 2d 693, affd. 24 N Y 2d 949; People ex rel. Elias v. Follette, 32 A D 2d 929, mot. for lv. to app. den. 25 N Y 2d 742; People v. Allen, 18 A D 2d 840; Code Crim. Pro., § 332; People v. Friola, 11 N Y 2d 157; cf. People v. Bailey, 21 N Y 2d 588, 597-598).

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Christ, P. J., Munder, Kleinfeld and Brennan, JJ., concur; Latham, J., concurs in the result, with the following memorandum.: In my opinion, the order appealed from should be affirmed on the ground that defendant waived his right to raise the issue of double jeopardy for the first time in this proceeding instituted 16 years after conviction. Defendant did not interpose a plea of double jeopardy or raise the defense in any other manner at his second trial [980]*980(People ex rel. Williams v. Follette, 30 A D 2d 693, affd. 24 N Y 2d 949; People ex rel. Elias v. Follette, 32 A D 2d 929, mot. for lv. to app. den. 25 N Y 2d 742; People v. Allen, 18 A D 2d 840; Code Crim. Pro., § 332; People v. Friola, 11 N Y 2d 157; cf. People v. Bailey, 21 N Y 2d 588, 597-598).

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Bluebook (online)

35 A.D.2d 979, 317 N.Y.S.2d 929, 1970 N.Y. App. Div. LEXIS 3104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-de-mino-nyappdiv-1970.

Opinion

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