People Ex. Rel. Williams v. Follette
| Decision Date | 15 May 1969 |
| Citation | 302 N.Y.S.2d 584,250 N.E.2d 71,24 N.Y.2d 949 |
| Parties | , 250 N.E.2d 71 PEOPLE, etc., ex rel. Robert WILLIAMS, Jr., Appellant, v. Harold W. FOLLETTE, Warden of Green Haven State Prison, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 30 A.D.2d 693, 292 N.Y.S.2d 190.
Louis J. Lefkowitz, New York City (Samuel A. Hirshowitz, First Asst. Atty. Gen., Murray Sylvester, Asst. Atty. Gen., Brenda Soloff, Asst. Atty. Gen., of counsel), for respondent.
Relator brought habeas corpus proceeding against the Warden of Green Haven State Prison.
Relator had originally been charged by indictment with first degree murder. He was found guilty of second degree murder. Motion to set aside the conviction and a new trial had been granted, and relator had been rearraigned on the original indictment. The relator had then pleaded guilty to second degree murder. The relator contended in the habeas corpus proceeding that his rearraignment on the original indictment subjected him to double jeopardy.
The Supreme Court, Special Term, Dutchess County, Joseph F. Hawkins, J., entered a judgment on a decision dismissing the writ of habeas corpus and remanding the relator to the custody of the Warden.
The Appellate Division entered an order June 17, 1968 which affirmed the judgment of the Special Term. The Appellate Division held that the relator had waived the defense of double jeopardy by first raising it in habeas corpus proceeding about 12 years after conviction.
The relator appealed to the Court of Appeals, contending that he had been subjected to double jeopardy and that he had not waived defense of double jeopardy.
Order affirmed, without costs.
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