People v. Fellman
| Decision Date | 27 November 1974 |
| Citation | 321 N.E.2d 880,363 N.Y.S.2d 89,35 N.Y.2d 853 |
| Parties | , 321 N.E.2d 880 The PEOPLE of the State of New York, Appellant, v. Raymond FELLMAN, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Motion for reargument denied.
Motion to amend remittitur granted.
Return of the remittitur requested and, when returned, it will be amended by adding the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Respondent argued that Criminal Procedure Law § 450.20(2) allowing the prosecutor to appeal a trial order of dismissal (CPL § 290.10) entered at the defendant's request in a non jury case, violates the double jeopardy clause of the Fifth Amendment. The Court of Appeals considered this contention and found that there was no violation of the defendant's constitutional rights.
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6 cases
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People v. Brown
...appeal such an order (People v. Fellman, 35 N.Y.2d 158, 359 N.Y.S.2d 100, 316 N.E.2d 569, mot. to amd. remittitur granted 35 N.Y.2d 853, 363 N.Y.S.2d 89, 321 N.E.2d 880). Subsequent to our decision in Fellman, however, the United States Supreme Court decided three cases which cast grave dou......
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People v. Brooks
...considered this contention and found that there was no violation of the defendant's constitutional rights' (People v. Fellman, 35 N.Y.2d 853, 363 N.Y.S.2d 89, 321 N.E.2d 880). As previously noted, the Court of Appeals did not have the benefit of the Supreme Court's rulings in Wilson and Jen......
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People v. Key
...(People v. Sabella, 35 N.Y.2d 158, 164-169, 359 N.Y.S.2d 100, 105-110, 316 N.E.2d 569, 572-576, remittitur amd. 35 N.Y.2d 853, 363 N.Y.S.2d 89, 321 N.E.2d 880; but cf. People ex rel. Meyer v. Warden, 269 N.Y. 426, 429-430, 199 N.E. 647, 648-649). While the Sabella holding was abandoned in P......
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People v. Dockside 500 Marina, Inc.
...this objection even though it was not raised (People v. Fellman, 35 N.Y.2d 158, 359 N.Y.S.2d 100, 316 N.E.2d 569, mod. 35 N.Y.2d 853, 363 N.Y.S.2d 89, 321 N.E.2d 880). In conclusion, we have held today that a dismissal is required in the case at bar since further proceedings 'devoted to the......
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