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← 4 NY2D 617 - People v. Ercole

People v. Ercole’s Empirical Analysis

1958

Citation profile

9
cited by 9 later decisions
2
states following
March 1995
most recently cited

4 federal appellate · 2 state decisions

Relationships

Relies on People Ex Rel. Stabile v. . Warden, Etc. · People v. . Palmer · People Ex Rel. Meyer v. Warden · People v. . Trezza · People Ex Rel. Sloane v. Lawes

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “It is well-settled law in this State that when a defendant procures a reversal of his conviction and sentence for legal error at trial, he may not plead the former proceedings in bar to a second trial for the same offense. Upon reversal, the defendant is deemed to be in precisely the same position as though there had been no trial [citations omitted] ... So thoroughly does a reversal operate to vitiate the former proceedings that the defendant may be tried upon a superseding indictment which contains a count not included in the first indictment ... [emphasis added].”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.