Court of Appeals of New York

Double-jeopardy does not bar petitioner's retrial in a rape case where, although a prosecutor's misconduct was deplorable, the Appellate Division correctly found that it was motivated by an intent to secure a conviction, not to provoke a mistrial motion, and thus petitioner was entitled only to the ordinary remedy for harmful trial misconduct -- a new, fair trial -- and not dismissal of the indictment.

Appellate Information

• Decided 10/19/2006
• Published 10/19/2006

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Court

• Court of Appeals of New York

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