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People v. Menna

345 N.E.2d 599, 38 N.Y.2d 850, 382 N.Y.S.2d 56, 1976 N.Y. LEXIS 2294
CourtNew York Court of Appeals
DecidedJanuary 20, 1976
StatusPublished
Cited by7 cases

This text of 345 N.E.2d 599 (People v. Menna) 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. Menna, 345 N.E.2d 599, 38 N.Y.2d 850, 382 N.Y.S.2d 56, 1976 N.Y. LEXIS 2294 (N.Y. 1976).

Opinion

Memorandum. The order of the Appellate Division should be reversed and the indictment dismissed.

The Supreme Court of the United States has held that this defendant’s claim of double jeopardy survived his plea of guilty (Menna v State of New York, 423 US 61). On review of such claim on the merits we conclude, with the concurrence of the prosecutor, that the double jeopardy clause precludes the prosecution of defendant on the charge to which he pleaded guilty.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

On reargument: Order reversed, etc.

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Related

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775 S.W.2d 812 (Court of Appeals of Texas, 1989)
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656 S.W.2d 862 (Court of Criminal Appeals of Tennessee, 1982)
Ex Parte Brown
574 S.W.2d 618 (Court of Appeals of Texas, 1978)
People v. Gilliam
65 A.D.2d 533 (Appellate Division of the Supreme Court of New York, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
345 N.E.2d 599, 38 N.Y.2d 850, 382 N.Y.S.2d 56, 1976 N.Y. LEXIS 2294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-menna-ny-1976.