From Casetext: Smarter Legal Research

People v. Piazza

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 17, 1975
47 A.D.2d 990 (N.Y. App. Div. 1975)

Opinion

April 17, 1975

Appeal from the Chautauqua County Court.

Present — Cardamone, J.P., Simons, Goldman, Del Vecchio and Witmer, JJ.


Appeal unanimously dismissed. Memorandum: For the reasons stated in People v. Gesegnet (47 A.D.2d —), CPL 450.20 (subd 2) is violative of the double jeopardy provisions of the United States and New York State Constitutions. There is therefore no valid authority for the appeal by the People from the order of dismissal granted by the trial court pursuant to section 290.10 of the statute.


Summaries of

People v. Piazza

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 17, 1975
47 A.D.2d 990 (N.Y. App. Div. 1975)
Case details for

People v. Piazza

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CHARLES ANTHONY PIAZZA…

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

Date published: Apr 17, 1975

Citations

47 A.D.2d 990 (N.Y. App. Div. 1975)

Citing Cases

People v. Cuvilje

However, our departments are not in agreement on this fundamental issue. On the subject of the appealability…

People v. Brooks

It is nevertheless true that if the District Attorney is successful on this appeal, the defendant would have…