New York Court of Appeals

The People of the State of New York v. Mary M. Nuccio

June 13, 199178 N.Y.2d 102

Summary

The New York Court of Appeals held that a prosecution may be renewed after a simplified information is dismissed for failure to supply supporting depositions, and that such reprosecution does not violate the Double Jeopardy Clause because the dismissal was not an adjudication on the merits. The Court reversed the lower court and reinstated the conviction.