Home/New York Court of Appeals/People v. Fellman

People v. Fellman

321 N.E.2d 880, 35 N.Y.2d 853, 363 N.Y.S.2d 89, 1974 N.Y. LEXIS 1171
CourtNew York Court of Appeals
DecidedNovember 27, 1974
StatusPublished
Cited by4 cases

This text of 321 N.E.2d 880 (People v. Fellman) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Fellman, 321 N.E.2d 880, 35 N.Y.2d 853, 363 N.Y.S.2d 89, 1974 N.Y. LEXIS 1171 (N.Y. 1974).

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.]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Key
379 N.E.2d 1147 (New York Court of Appeals, 1978)
People v. Brown
353 N.E.2d 811 (New York Court of Appeals, 1976)
People v. Brooks
50 A.D.2d 319 (Appellate Division of the Supreme Court of New York, 1975)
People v. Dockside 500 Marina, Inc.
85 Misc. 2d 337 (Appellate Terms of the Supreme Court of New York, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
321 N.E.2d 880, 35 N.Y.2d 853, 363 N.Y.S.2d 89, 1974 N.Y. LEXIS 1171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fellman-ny-1974.