From Casetext: Smarter Legal Research

People v. Jontef

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 1983
97 A.D.2d 828 (N.Y. App. Div. 1983)

Opinion

November 21, 1983


Appeal by defendant from four judgments of the Supreme Court, Kings County (Moskowitz, J.), all rendered February 11, 1981, convicting him of criminal sale of a controlled substance in the second degree (two counts), criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the second degree, upon pleas of guilty, and imposing sentences. Judgments affirmed. Defendant claims that he was twice placed in jeopardy with respect to two of the charges to which he pleaded. Defendant raised the identical double jeopardy contention in a CPLR article 78 proceeding prior to his plea, and is therefore precluded under the doctrine of res judicata from raising that issue on this appeal ( People v Di Raffaele, 55 N.Y.2d 234). Weinstein, J.P., Bracken, Brown and Niehoff, JJ., concur.


Summaries of

People v. Jontef

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 1983
97 A.D.2d 828 (N.Y. App. Div. 1983)
Case details for

People v. Jontef

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAKOB JONTEF, Appellant

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

Date published: Nov 21, 1983

Citations

97 A.D.2d 828 (N.Y. App. Div. 1983)

Citing Cases

People v. Moss

The defendant raised the identical double jeopardy contention in a proceeding pursuant to CPLR article 78…

People v. Baptiste

We agree and reverse the order of Appellate Term and dismiss the information. Before pleading guilty,…