PEOPLE EX REL. JACKSON v. McGINNIS


251 A.D.2d 731 (1998)

672 N.Y.S.2d 826

The People of the State of New York ex rel. Tommy R. Jackson, Appellant, v. Michael McGinnis, as Superintendent of Southport Correctional Facility, Respondent

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

June 4, 1998


Petitioner, an inmate at Southport Correctional Facility in Chemung County, commenced this habeas corpus proceeding contending, inter alia, that his conviction after retrial of the crimes of burglary in the third degree and criminal mischief in the third degree violated the constitutional prohibition against double jeopardy. Supreme Court dismissed the application and we affirm. Habeas corpus relief is not available to petitioner insofar as the double jeopardy claim...

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