IN THE MATTER OF COHEN v. LOTTO


19 A.D.3d 485 (2005)

797 N.Y.S.2d 106

In the Matter of MILTON COHEN, Appellant, v. STEPHEN A. LOTTO et al., Respondents.

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

June 13, 2005.


Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, and the retrial of the petitioner in the action entitled People v Cohen is prohibited.

The Supreme Court erred in denying the petition on the ground that the petitioner could obtain review of his double jeopardy claim on a direct appeal in the event he is convicted. While a double jeopardy claim may be reviewed on a direct appeal from a judgment of conviction...

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