Matter of Booth v. Clary

In Matter of Booth v. Clary (83 N.Y.2d 675 [1994]), petitioners contended that their convictions by general courts-martial precluded subsequent state prosecution for the same offense pursuant to New York's double jeopardy protections. The Court of Appeals rejected the prosecutor's argument that the military tribunal was not a "court" and that the proceeding was not a "trial," concluding that courts-martial are "courts" within the meaning of those statutes barring double jeopardy. The Court also cited its own prior decisions upholding the use of such adjudications as predicate convictions for the purpose of sentencing (Id. at 679.) "The fact that the prior criminal complaint there arose out of a violation and prosecution under military law, instead of common law or statutory penal prohibition, did not render the military prosecution any less a judicial exercise under the sovereign power of the United States" (Matter of Booth v. Clary, supra, 83 N.Y.2d at 680).