PEOPLE v. GAINEY


35 A.D.2d 826 (1970)

The People of the State of New York, Respondent, v. Randolph Gainey, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 16, 1970


In our view the acquittal of the alleged subsequent assaults in the precinct house did not bar the conviction of defendant for the prior assault in the street, since the acquittal involved none of the essential elements of the prior alleged crime. Accordingly, the People were not barred either by the doctrine of double jeopardy or collateral estoppel. We have examined defendant's other contentions and find them to be...

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