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Court of Appeals of New York

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Matter of Rivera v. Firetog, 178

In a CPLR article 78 proceeding seeking to bar a retrial for murder on double jeopardy grounds, petition is dismissed where the trial court appropriately declared a mistrial based on the jury's deadlock after exploring alternatives, and retrial of defendant would not implicate double jeopardy.

Appellate Information

  • Decided 12/02/2008
  • Published 12/02/2008

Court

  • Court of Appeals of New York

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