Appellate Division of the Supreme Court of New York, 1970

People v. De Mino

People v. De Mino
Appellate Division of the Supreme Court of New York · Decided December 21, 1970
35 A.D.2d 979; 317 N.Y.S.2d 929; 1970 N.Y. App. Div. LEXIS 3104
People v. De Mino

Opinion of the Court

Christ, P. J., Munder, Kleinfeld and Brennan, JJ., concur; Latham, J., concurs in the result, with the following memorandum.: In my opinion, the order appealed from should be affirmed on the ground that defendant waived his right to raise the issue of double jeopardy for the first time in this proceeding instituted 16 years after conviction. Defendant did not interpose a plea of double jeopardy or raise the defense in any other manner at his second trial *980(People ex rel. Williams v. Follette, 30 A D 2d 693, affd. 24 N Y 2d 949; People ex rel. Elias v. Follette, 32 A D 2d 929, mot. for lv. to app. den. 25 N Y 2d 742; People v. Allen, 18 A D 2d 840; Code Crim. Pro., § 332; People v. Friola, 11 N Y 2d 157; cf. People v. Bailey, 21 N Y 2d 588, 597-598).

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