8 N.Y.2d 913, People ex rel. Hetenyi v. Johnston

Citation:8 N.Y.2d 913, 204 N.Y.S.2d 158
Party Name:People ex rel. Hetenyi v. Johnston
Case Date:June 09, 1960
Court:New York Court of Appeals
 
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Page 913

8 N.Y.2d 913

204 N.Y.S.2d 158

PEOPLE, etc., ex rel. George HETENYI, Appellant,

v.

W. Cecil JOHNSTON, Director of Dannemora State Hospital, Respondent.

New York Court of Appeals

June 9, 1960.

Appeal from Supreme Court, Appellate Division, Third Department, 10 A.D.2d 121, 198 N.Y.S.2d 18.

Relator, who had been convicted of second-degree murder, brought habeas corpus proceeding against the Director of Dannemora State Hospital. The relator was indicted for first-degree murder. In January, 1950 he was tried in Monroe County and was found guilty of second-degree murder, but the conviction was reversed on an appeal by relator. He was retried in May, 1951 for first-degree murder in Monroe County, and was convicted of first-degree murder, but on appeal the conviction was also reversed. In March, 1953, relator after change of venue to Onondaga County, was again tried for first-degree murder and was convicted of section-degree murder. That conviction was upheld on appeal. The relator based his application for writ of habeas corpus on ground of double jeopardy, asserting that he should not have been retried for first-degree murder after he had been found guilty of only second-degree murder on his first trial.

The Clinton County Court, Haley, J., rendered an order dismissing the writ of habeas corpus, and the relator appealed.

The Appellate Division, Reynolds, J., affirmed the order and held that second and third trials for first-degree murder did not violate the double jeopardy clause of the state...

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