New York Court of Appeals
In the Matter of Emanuel Johnson v. Robert M. Morgenthau, as District Attorney of New York County
February 19, 198769 N.Y.2d 148
Summary
The Court held that unlawful possession of a weapon is a continuing offense, so the double jeopardy clauses bar the second prosecution in New York County after the Bronx County conviction; the indictment was dismissed and the judgment reversed.