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MATTER OF WILEY v. ALTMAN

52 N.Y.2d 410 (1981)

In the Matter of Gilbert Wiley, Respondent, v. Herbert Altman, as a Justice of the New York Supreme Court, et al., Appellants.

Court of Appeals of the State of New York.

Decided April 2, 1981.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Brian Rosner and Robert M. Pitler of counsel), for appellants.

Steven A. Thomas, of the Maryland Bar, admitted on motion pro hac vice, and Leslie Crocker Snyder for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER and MEYER concur with Judge FUCHSBERG; Judge JASEN dissents and votes to reverse in a separate opinion.

FUCHSBERG, J.

We are once again called upon to determine the parameters of the defense of previous prosecution set forth in CPL article 40. Specifically, the question posed is whether the petitioner may be prosecuted for murder in New York after he was tried for conspiracy to commit that murder in Maryland. We conclude that the present prosecution does not come within...

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