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To: GreenStreak

The one you posted on double jeopardy is BS. Try again, n00b.


268 posted on 05/30/2010 9:40:24 PM PDT by ex 98C MI Dude (Alea Iacta Est)
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To: ex 98C MI Dude
The one you posted on double jeopardy is BS. Try again, n00b.

http://www.law.cornell.edu/nyctap/I94_0005.htm

Under Blockburger, two distinct statutory provisions do not constitute the "same offense" for double jeopardy purposes if each provision requires proof of a fact which the other does not (284 US 299, 304). In the case of delayed death, Blockburger does not bar a second prosecution for homicide following conviction of assault or another nonhomicide offense because the element of death distinguishes the two offenses (Rivera, 10 NY2d 100, 116). Defendant does not claim that he is entitled to greater protection under the State constitutional double jeopardy prohibition (NY Const, Art I, § 6). We therefore reject both his State and Federal constitutional claims.

269 posted on 05/30/2010 9:57:56 PM PDT by GreenStreak
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