PEOPLE v. VALENTINE


31 Misc.2d 983 (1961)

The People of the State of New York, Plaintiff, v. William Valentine, Defendant.

County Court, Queens County.

October 25, 1961


Attorney(s) appearing for the Case

Arthur Lonschein for defendant. Frank D. O'Connor, District Attorney (Edward Devlin of counsel), for plaintiff.


ELLSWORTH N. LAWRENCE (Franklin County Judge and Acting Judge for Queens County).

I am confronted with the question: When does double jeopardy arise?

The facts are these:

A jury was impanelled and sworn to try the defendant upon charges of felonies. Neither party had opened. No witness had been sworn. At that point the case was adjourned from Friday to Monday.

On Monday the complaining witness did not appear, although he was still...

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