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SHARPTON v. TURNER

No. 1091, Docket 92-2007.

964 F.2d 1284 (1992)

Alfred C. SHARPTON, Petitioner-Appellant, v. Hon. John C. TURNER Jr., Albany County Judge; Robert Abrams, Attorney General of the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 19, 1992.

Attorney(s) appearing for the Case

Michael A. Hardy, New York City (Harry Kresky, Int'l Peoples' Law Institution, New York City, on the brief), for petitioner-appellant.

Christine Duisin, New York City (Robert Abrams, Atty. Gen., Edward D. Saslaw, Victor Genecin, Asst. Attys. Gen., New York City, on the brief), for respondents-appellees.

Before NEWMAN and KEARSE, Circuit Judges, and MARSHALL, Associate Justice Retired.

JON O. NEWMAN, Circuit Judge:

This appeal raises the recurring issue of whether a second set of criminal charges is sufficiently similar to a prior set of charges to fall within the proscription of the Double Jeopardy Clause. The issue arises on an appeal by Reverend Alfred C. Sharpton from the January 3, 1992, order of the District Court for the Northern District of New York (Howard G. Munson, Judge) denying his petition for a writ of habeas corpus to bar a state...

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