1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 54 A.D.2d
  5. 54 A.D.2d 195 (1976)
 

PEO EX REL PENDLETON v. SMITH

54 A.D.2d 195 (1976)

The People of the State of New York ex rel. Edwin C. Pendleton, Respondent, v. Harold J. Smith, as Superintendent of The Attica Correctional Facility, Appellant

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

November 5, 1976

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Lauren Wixson and Michael G. Wolfgang of counsel), for appellant.

Thomas G. Presutti (Christopher J. Enos of counsel), for respondent.

MARSH, P. J., MOULE, DILLON and GOLDMAN, JJ., concur.

WITMER, J.

The Superintendent of the Attica Correctional Facility appeals from a judgment of Wyoming County Court granting relator's petition for a writ of habeas corpus and directing appellant to discharge him from custody, on the ground that relator's retrial and conviction after our reversal of the trial order of dismissal violated his constitutional right not to be subjected to double jeopardy.

Appellant...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases