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MTR. OF BISHOP v. SUP. CT. OF STATE OF N. Y.

14 N.Y.2d 321 (1964)

In the Matter of Alfred Bishop, Respondent, v. Supreme Court of the State of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided July 10, 1964.

Attorney(s) appearing for the Case

Richard B. Thaler, District Attorney, for appellants.

John LoPinto for respondent.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and SCILEPPI concur; Judge BERGAN taking no part.

Per Curiam.

Since the respondent Bishop was never placed in jeopardy of conviction for the crime of carnal abuse as a felony, subjecting him to trial for such offense will not constitute double jeopardy. When the respondent sought and obtained an order vacating the 1937 judgment of conviction — on the strength of which he was charged in the 1960 indictment with the felony of carnal abuse — any and all...

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