1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 41 N.Y.2d
  5. 41 N.Y.2d 851 (1977)
 

MATTER OF KESSLER v. SHERMAN

41 N.Y.2d 851 (1977)

In the Matter of Henry Kessler, Appellant, v. Chester D. Sherman et al., as Justices of the Justice Court, Town of Shelter Island, Respondents, and Louis J. Lefkowitz, as Attorney-General of the State of New York, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided February 15, 1977.

Attorney(s) appearing for the Case

Howard M. Finkelstein and Robert C. Crimmins for appellant.

Louis J. Lefkowitz, Attorney-General (Joseph J. Zedrosser, Samuel A. Hirshowitz and Philip Weinberg of counsel), for intervenor-respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, and WACHTLER concur; Judge JONES dissents and votes to reverse in a separate opinion; Judges FUCHSBERG and COOKE dissent and vote to reverse on the dissenting opinion by Mr. Justice JOHN P. COHALAN, JR., at the Appellate Division (, 54-60).

MEMORANDUM.

The order of the Appellate Division should be affirmed. We agree with the reasons stated by Mr. Justice MARGETT in the majority opinion at the Appellate Division that the prior prosecution for violating the town ordinance does not bar the prosecution now pending, in which the petitioner is charged with violating the State law (ECL 25-0202). In addition we would note that the two laws differ materially in scope...

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