West v. Harris

Appellate Division of the Supreme Court of New York

West v. Harris

104 A.D.2d 686, 479 N.Y.S.2d 388, 1984 N.Y. App. Div. LEXIS 20099

Appellate Division of the Supreme Court of the State of New York·Decided September 13, 1984·Published

Opinion

— Application, pursuant to CPLR article 78, for judgment in the nature of prohibition, denied, and petition dated August 24, 1984 dismissed.

Initially, since petitioner seeks to review a claim of double jeopardy, this proceeding lies (see Matter of Di Lorenzo v Murtagh, 36 NY2d 306). However, since defendant’s judgment of conviction of the crime of criminal possession of a controlled substance in the third degree was reversed by the Court of Appeals and the matter remitted for a new trial (People v West, 62 NY2d 708), petitioner is not entitled to the relief sought (CPL 40.30, subd 3; People v Ercole, 4 NY2d 617). Mahoney, P. J., Kane, Main, Casey and Weiss, JJ., concur.

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— Application, pursuant to CPLR article 78, for judgment in the nature of prohibition, denied, and petition dated August 24, 1984 dismissed.

Initially, since petitioner seeks to review a claim of double jeopardy, this proceeding lies (see Matter of Di Lorenzo v Murtagh, 36 NY2d 306). However, since defendant’s judgment of conviction of the crime of criminal possession of a controlled substance in the third degree was reversed by the Court of Appeals and the matter remitted for a new trial (People v West, 62 NY2d 708), petitioner is not entitled to the relief sought (CPL 40.30, subd 3; People v Ercole, 4 NY2d 617). Mahoney, P. J., Kane, Main, Casey and Weiss, JJ., concur.

West v. Harris, 104 A.D.2d 686, 479 N.Y.S.2d 388, 1984 N.Y. App. Div. LEXIS 20099 (N.Y. Ct. App. 1984).

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Opinion

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