PEOPLE v. ZUCKERMAN


61 Misc.2d 740 (1969)

The People of the State of New York, Respondent, v. Robin S. Rothfeld, Marcia S. Zuckerman and Daniel R. Berezin, Appellants.

Supreme Court, Appellate Term, Second Department.

September 17, 1969


Attorney(s) appearing for the Case

Elliot B. Lowell, Moses Bergman and Eli S. Wager for appellants. William Cahn, District Attorney (Gino Papa of counsel), for respondent.

Concur — HOGAN, P. J., COYLE and GULOTTA, JJ.


Per Curiam.

The test of double jeopardy is not whether the defendant has already been tried for the same act, but whether he has been put in jeopardy for the same offense. A simple act may be an offense against two statutes, and if one statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other (Matter of Covington v. Supreme...

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