New York Court of Appeals
The People of the State of New York v. King Brown
June 17, 197640 N.Y.2d 381
Summary
The Court held that CPL 450.20 (subd. 2), which permits the People to appeal a trial order of dismissal, is unconstitutional because it violates the double jeopardy clause; consequently the Appellate Division's dismissal of the People’s appeal is affirmed. The decision overrules People v. Fellman and follows the U.S. Supreme Court’s recent trilogy (Wilson, Jenkins, Serfass).