People v. Fellman

321 N.E.2d 880, 35 N.Y.2d 853, 363 N.Y.S.2d 89, 1974 N.Y. LEXIS 1171

Opinion

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended to read as follows: “Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Respondent argued that CPL 450.20 (subd. 2) allowing the prosecutor to appeal a trial order of dismissal (CPL 290.10) entered at the defendant’s request in a nonjury case, violates the double jeopardy clause of the Fifth Amendment. ’ ’ The Court of Appeals considered this contention and found that there was no violation of the defendant’s constitutional rights. [See 35 N Y 2d 158.]