Appellate Division of the Supreme Court of New York, 2000

Kinnaman v. Doran

Appellate Division of the Supreme Court of New York · Decided December 27, 2000

278 A.D.2d 923; 718 N.Y.S.2d 540; 2000 N.Y. App. Div. LEXIS 13454

Cases that cite this one

3 later published cases cite this decision.

DALE, DAVID v. BURNS, HON. CHRISTOPHER J. (Appellate Division of the Supreme Court of New York 2013)
Dale v. Burns (Appellate Division of the Supreme Court of New York 2013)
Dale v. Burns (Appellate Division of the Supreme Court of New York 2013)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Proceeding unanimously dismissed without costs. Memorandum: Petitioner commenced this original proceeding pursuant to CPLR article 78 to prohibit his trial *924upon the charges in Ontario County indictment No. 99-10-213 on the ground that the prosecution of those charges is barred by the constitutional and statutory protections against double jeopardy (see, US Const 5th Amend; NY Const, art I, § 6; CPL 40.20). The trial of that indictment has been held and the proceeding therefore must be dismissed. “Prohibition is not now warranted where the trial sought to be prohibited has been held and where the issues tendered may be raised on the direct appeal following such trial” (Matter of O’Neill v Beisheim, 39 NY2d 924, 925). (Original Proceeding Pursuant to CPLR art 78.) Present — Green, J. P., Pine, Hayes and Scudder, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.