People v. Nunez

Appellate Division of the Supreme Court of New York

People v. Nunez

74 A.D.2d 652, 425 N.Y.S.2d 37, 1980 N.Y. App. Div. LEXIS 10331

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

DecidedFebruary 25, 1980

StatusPublished

This text of 74 A.D.2d 652 (People v. Nunez) 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. Nunez, 74 A.D.2d 652, 425 N.Y.S.2d 37, 1980 N.Y. App. Div. LEXIS 10331 (N.Y. Ct. App. 1980).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered June 24, 1977, convicting him of criminal sale of a controlled substance in the first degree, after a nonjury trial, and [653]*653imposing sentence. Judgment reversed, on the law, indictment dismissed, and case remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. No findings of fact were presented for review. The instant proceeding is barred because the acts upon which it is based were or could have been received as proof of the conspiracy for which appellant was previously prosecuted. (See People v Abbamonte, 43 NY2d 74.) Gibbons, J. P., Rabin, Gulotta and Cohalan, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered June 24, 1977, convicting him of criminal sale of a controlled substance in the first degree, after a nonjury trial, and [653]*653imposing sentence. Judgment reversed, on the law, indictment dismissed, and case remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. No findings of fact were presented for review. The instant proceeding is barred because the acts upon which it is based were or could have been received as proof of the conspiracy for which appellant was previously prosecuted. (See People v Abbamonte, 43 NY2d 74.) Gibbons, J. P., Rabin, Gulotta and Cohalan, JJ., concur.

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Bluebook (online)

74 A.D.2d 652, 425 N.Y.S.2d 37, 1980 N.Y. App. Div. LEXIS 10331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nunez-nyappdiv-1980.

Opinion

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