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West v. Harris

104 A.D.2d 686, 479 N.Y.S.2d 388, 1984 N.Y. App. Div. LEXIS 20099
CourtAppellate Division of the Supreme Court of the State of New York
DecidedSeptember 13, 1984
StatusPublished

This text of 104 A.D.2d 686 (West v. Harris) 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
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).

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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Related

People v. Ercole
152 N.E.2d 77 (New York Court of Appeals, 1958)
Di Lorenzo v. Murtagh
327 N.E.2d 805 (New York Court of Appeals, 1975)
People v. West
465 N.E.2d 37 (New York Court of Appeals, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
104 A.D.2d 686, 479 N.Y.S.2d 388, 1984 N.Y. App. Div. LEXIS 20099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-v-harris-nyappdiv-1984.