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Response to former9thward (Reply #1)

Sun Sep 3, 2017, 12:45 PM

3. Separate charges, state specific ones, can be brought that do not run afoul of federal charges.

The state in question here, NY has exceptions and suggest he could be tried. From the NY Appeals Court case In the Matter of Carmine Polito and Mario Fortunato, v John P. Walsh, ., NY Slip Op 05587 No. 90( 2007)

"As they recognize, under the so-called "dual sovereignty" doctrine, the double jeopardy clause of the United States Constitution does not prohibit successive federal and state prosecutions for the same conduct (Bartkus v Illinois, 359 US 121 [1959]). Nor do petitioners rely on the State Constitution's double jeopardy clause (NY Const art I, 6). But in New York, protection against double jeopardy is statutory as well as constitutional.

The double jeopardy statute, CPL 40.20, has two subsections. Subsection 1 says simply: "A person may not be twice prosecuted for the same offense." Subsection 2 is less simple. It says, "A person may not be separately prosecuted for two offenses based upon the same act or criminal transaction," but these words are followed by the word "unless" and a list of eight exceptions. One of the exceptions is applicable here. CPL 40.20 (2) (f) excludes from the prohibition of section 40.20 (2) cases where:

"One of the offenses consists of a violation of a statutory provision of another jurisdiction, which offense has been prosecuted in such other jurisdiction and has there been terminated by a court order expressly founded upon insufficiency of evidence to establish some element of such offense which is not an element of the other offense, defined by the laws of this state."

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Arrow 4 replies Author Time Post
Madam45for2923 Sep 2017 OP
former9thward Sep 2017 #1
RainCaster Sep 2017 #2
LineLineNew Reply Separate charges, state specific ones, can be brought that do not run afoul of federal charges.
bench scientist Sep 2017 #3
shanny Sep 2017 #4
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