Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended to read as follows: “Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Respondent argued that CPL 450.20 (subd. 2) allowing the prosecutor to appeal a trial order of dismissal (CPL 290.10) entered at the defendant’s request in a nonjury 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. [See 35 N Y 2d 158.]
People v. Fellman
Court: New York Court of Appeals
Date filed: 1974-11-27
Citations: 35 N.Y.2d 853, 321 N.E.2d 880, 363 N.Y.S.2d 89, 1974 N.Y. LEXIS 1171
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