New York Court of Appeals, 1979

People v. Vera

New York Court of Appeals · Decided May 31, 1979

47 N.Y.2d 825; 392 N.E.2d 562; 418 N.Y.S.2d 575; 1979 N.Y. LEXIS 2097

Cases that cite this one

11 later published cases cite this decision.

Wiley v. Altman (N.Y. 1981)
G.D. Searle & Co. v. Interstate Drug Exchange, Inc. (District Court, E.D. New York 1987)
People v. Williams (New York Supreme Court 1980)
People v. Wiley (New York Supreme Court 1980)
People v. Scott T. (New York Supreme Court, Bronx County 2004)
Seda v. Sise (Appellate Division of the Supreme Court of New York 1997)
MATTER OF BOOTH v. Clary (N.Y. 1994)
People v. Stokes (Appellate Division of the Supreme Court of New York 1993)
Schmidt v. Roberts (N.Y. 1989)
People v. Springer (Appellate Division of the Supreme Court of New York 1987)
Wiley v. Altman (Appellate Division of the Supreme Court of New York 1980)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the indictment dismissed.

It may be, as the District Attorney alleges in his brief, that the State and Federal indictments were the result of completely separate and independent investigations and that the Federal authorities were not informed of the sale which formed the basis of the State indictment. But whether the sale was alleged, proven or even known to the Federal authorities is of no consequence. If the sale was not actually a part of the Federal prosecutor’s case it was nevertheless an integral part of the crime to which the defendant pleaded because "conspiracy is an embracive crime. It embraces all of the overt acts and substantive crimes in the persisting criminal enterprise” (People v Abbamonte, 43 NY2d 74, 85). Thus the defendant’s conviction in Federal court for conspiracy to distribute cocaine precludes subsequent prosecution in this State for the sale which concededly was part of the conspiracy (CPL 40.20; People v Abbamonte, supra).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.

Order reversed, etc.

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