MTR. OF SCHMIDT v. ROBERTS


74 N.Y.2d 513 (1989)

In the Matter of Sam A. Schmidt, on Behalf of Thomas McNell, Appellant, v. George F. Roberts, as Justice of the Supreme Court, New York County, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 28, 1989.


Attorney(s) appearing for the Case

Sam A. Schmidt for appellant.

Robert M. Morgenthau, District Attorney (George M. Donahue and Mark Dwyer of counsel), for respondents.

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


ALEXANDER, J.

We are confronted in this case with the issue whether under the double jeopardy bar of CPL 40.20, a conspiracy prosecution in another jurisdiction bars a later New York prosecution for consummated result offenses arising out of the same criminal transaction. Although the Legislature addressed this problem in 1984 by the enactment of CPL 40.20 (2) (g),...

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