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People ex Rel. Scott v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1995
221 A.D.2d 1022 (N.Y. App. Div. 1995)

Opinion

November 15, 1995

Appeal from the Supreme Court, Wyoming County, Dadd, J.

Present — Pine, J.P., Fallon, Callahan, Davis and Boehm, JJ.


Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed, without a hearing, the petition seeking a writ of habeas corpus. We previously rejected the contention of relator that double jeopardy attached to bar his retrial ( Matter of Scott v D'Amico, 170 A.D.2d 1040, 1041, lv dismissed 77 N.Y.2d 987). The court erred, however, in stating that "relator's remedy would be to seek further review under article 440 in the trial court".


Summaries of

People ex Rel. Scott v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1995
221 A.D.2d 1022 (N.Y. App. Div. 1995)
Case details for

People ex Rel. Scott v. Kelly

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. RICHARD R. SCOTT, JR.…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 15, 1995

Citations

221 A.D.2d 1022 (N.Y. App. Div. 1995)
635 N.Y.S.2d 567