Summary
In People v Colombo (25 N.Y.2d 641), a case very close on its facts to the one here, the indictment was dismissed on the ground of double jeopardy, but reinstated by the Appellate Division (32 A.D.2d 812), whose decision, in turn, was upheld by our court (25 N.Y.2d 641). Upon certiorari to the United States Supreme Court, it vacated and remanded "for further consideration in light of Waller v Florida, 397 U.S. 387" (400 U.S. 16).
Summary of this case from People v. MennaOpinion
Argued October 9, 1969
Decided October 30, 1969
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, VINCENT D. DAMIANI, J.
Jacob Kossman and Barry Ivan Slotnick for appellants.
Eugene Gold, District Attorney ( Irving P. Seidman and Jay Gregory Horlick of counsel), for respondent.
Order affirmed; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.