MATTER OF POLLAK v. MOGAVERO


114 A.D.2d 640 (1985)

In the Matter of Mark Pollak, Appellant, v. Joseph A. Mogavero, Jr., as Otsego County Judge, et al., Respondents

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

October 17, 1985


Casey, J.

Petitioner contends that since his probation, which had been imposed upon a prior conviction of the crime of attempted assault in the second degree, was revoked upon a finding that he had violated the conditions thereof by unlawfully selling a controlled substance on two occasions, the principle of double jeopardy bars any subsequent prosecution of the indictments charging petitioner with two counts of criminal sale of a controlled substance...

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