MATTER OF RANDALL v. ROTHWAX


78 N.Y.2d 494 (1991)

In the Matter of Clifford Randall, Respondent, v. Harold Rothwax, a Justice of the Supreme Court of the State of New York, Respondent, and Robert M. Morgenthau, as District Attorney of New York County, Appellant.

Court of Appeals of the State of New York.

Decided November 21, 1991.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Marc Frazier Scholl and Mark Dwyer of counsel), appellant pro se.

Michael Handwerker for Clifford Randall, respondent.

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


BELLACOSA, J.

The Appellate Division judgment, premised on a Federal double jeopardy bar, grants prohibition against further criminal proceedings on an indictment (161 A.D.2d 70) and should be affirmed. The unusual developments of this case do not lend themselves to neat categorization within double jeopardy parlance or principles.

The 17-year-old defendant was tried...

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