New York Court of Appeals
In the Matter of Thomas J. Corbin v. Judith A. Hillery, as Judge of the Dutchess County Court
July 13, 198974 N.Y.2d 279
Summary
The New York Court of Appeals held that the federal Double Jeopardy Clause bars prosecution of the homicide and assault counts, and New York's statutory double jeopardy provisions bar the remaining counts arising from the same incident. The Court rejected the defendant's reliance on Vehicle and Traffic Law § 1800(d) and found CPL 40.30(2)(b) inapplicable because the prior traffic prosecutions were not procured without the prosecutor's knowledge. Chief Judge Wachtler dissented, arguing that the defendant deliberately misled the Justice of the Peace and that the prosecution should be barred under CPL 40.30(2)(b).