New York Court of Appeals
In the Matter of Willie Abraham, Respondents v. Justices of the New York Supreme Court of Bronx County…
October 23, 197537 N.Y.2d 560
Summary
The New York Court of Appeals affirmed the Appellate Division's order, modifying it to dismiss the drug possession indictments and uphold the prohibition on the State prosecution. It held that CPL 40.20 bars a State prosecution for possession when the same conduct was the basis of a prior Federal conspiracy conviction, because the offenses arise from the same criminal transaction. The Court also declined to consider the double jeopardy claim, finding the dual sovereignty doctrine inapplicable.