Court of Appeals of New York

A defendant can be retried on a lesser included offense of driving while impaired on which the jury failed to reach a verdict, even where defendant was acquitted of a greater offense of driving while intoxicated, since defendant is not in jeopardy of conviction of the greater offense during retrial.

Appellate Information

• Decided 05/03/2001
• Published 05/03/2001

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Court

• Court of Appeals of New York

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