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Peters v. Albanese

94 A.D.2d 931, 462 N.Y.S.2d 809, 1983 N.Y. App. Div. LEXIS 18382
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 26, 1983
StatusPublished

This text of 94 A.D.2d 931 (Peters v. Albanese) 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
Peters v. Albanese, 94 A.D.2d 931, 462 N.Y.S.2d 809, 1983 N.Y. App. Div. LEXIS 18382 (N.Y. Ct. App. 1983).

Opinion

— Application, pursuant to CPLR article 78, for judgment in the nature of prohibition, denied, and petition dated May 13, 1983, dismissed. Initially, since petitioner seeks to review a claim of double jeopardy, this proceeding lies (see Matter ofDi Lorenzo v Murtagh, 36 NY2d 306, 309-310). However, since the first count of the indictment was properly'reinstated (GPL 440.10, subd 7), petitioner is not entitled to the relief sought. Sweeney, J. P., Main, Casey, Mikoll and Yesawich, Jr., JJ., concur.

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Related

Di Lorenzo v. Murtagh
327 N.E.2d 805 (New York Court of Appeals, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
94 A.D.2d 931, 462 N.Y.S.2d 809, 1983 N.Y. App. Div. LEXIS 18382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peters-v-albanese-nyappdiv-1983.