PEOPLE v. CONSOLAZIO


40 N.Y.2d 446 (1976)

The People of the State of New York, Respondent, v. Anthony Consolazio, Appellant.

Court of Appeals of the State of New York.

Decided July 6, 1976.


Attorney(s) appearing for the Case

Michael J. Obus, James J. McDonough and Matthew Muraskin for appellant.

Denis Dillon, District Attorney (Anthony J. Girese and William C. Donnino of counsel), for respondent.

Louis J. Lefkowitz, Attorney-General (Jules E. Orenstein and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.


JONES, J.

On this appeal, we agree with defendant that under principles of double jeopardy as enunciated by the United States Supreme Court the People were barred from appealing to the Appellate Division from the trial order dismissing certain counts of defendant's indictment. We reject, however, defendant's contentions that because his challenge to the jury panel was denied and because he was denied disclosure...

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