PEOPLE v. MALLETTE


59 A.D.2d 199 (1977)

The People of the State of New York, Respondent, v. Philip A. Mallette, Appellant

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

October 27, 1977


Attorney(s) appearing for the Case

Robert L. Miller for appellant.

D. Bruce Crew, III, District Attorney, for respondent.

KANE, J. P., MAIN, LARKIN and MIKOLL, JJ., concur.


HERLIHY, J.

In this case we are involved with a unique set of circumstances and whether such constitute double jeopardy which would bar the conviction herein appealed.

The defendant was indicted upon charges that in May and June of 1974 he participated in the sale of cocaine (a controlled substance) to one Padula. The matter came on for trial in November of 1975 and following three days of jury selection...

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