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FOSTER v. MURPHY

No. 88 Civ. 2531 (MGC).

686 F.Supp. 471 (1988)

Daniel P. FOSTER, Kathleen M. Paolo, Plaintiffs, v. Francis T. MURPHY, in his Official Capacity as Presiding Justice of the Appellate Division of the Supreme Court of the State of New York, First Judicial Department; Robert M. Morgenthau, in his Official Capacity as District Attorney of New York County, New York, Defendants.

United States District Court, S.D. New York.

June 13, 1988.

Attorney(s) appearing for the Case

Daniel P. Foster, Bronx, N.Y., pro se.

Robert Abrams, Atty. Gen. of State of N.Y., by Abigail I. Petersen, Asst. Atty. Gen., New York City, for defendant Francis T. Murphy.

Office of Robert M. Morgenthau, Dist. Atty., New York County, by Morrie I. Kleinbart, Mark Dwyer, Asst. Dist. Attys., New York City, for defendant Robert M. Morgenthau.

OPINION AND ORDER

CEDARBAUM, District Judge.

This is an action seeking to enjoin the Appellate Division of the New York State Supreme Court from considering an appeal by the Manhattan District Attorney in a criminal prosecution of plaintiffs Daniel P. Foster and Kathleen M. Paolo. Plaintiffs, who appear pro se, claim that the appeal would violate their rights under the double jeopardy clause of the Fifth Amendment. Defendants, who are the Manhattan...

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