MTR OF JOHNSON v. MORGENTHAU


69 N.Y.2d 148 (1987)

In the Matter of Emanuel Johnson, Appellant, v. Robert M. Morgenthau, as District Attorney of New York County, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 19, 1987.


Attorney(s) appearing for the Case

Russell Neufeld, Caesar D. Cirigliano and Steven G. Asin for appellant.

Robert M. Morgenthau, District Attorney, pro se, and Deborah L. Morse and Marc Frazier Scholl for Robert M. Morgenthau, respondent.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


SIMONS, J.

This appeal questions whether petitioner can be twice prosecuted because of his unlawful possession of a weapon at different times and places during the six days he possessed it. We hold that unlawful possession is a continuing offense and that constitutional double jeopardy principles preclude the second prosecution.

The question arises from these facts.

On February 5, 1985, petitioner...

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