Court of Appeals of New York

Following an acquittal of intentional manslaughter and reversal of a conviction for depraved indifference murder, collateral estoppel and constitutional double jeopardy principles did not bar defendant's retrial for intentional manslaughter where: 1) although the jury was charged with intentional manslaughter in the first trial, they did not implicitly acquit defendant of intentional manslaughter when they convicted him of a more serious crime of depraved indifference murder; and 2) depraved indifference murder and intentional manslaughter are not inconsistent counts, as a defendant can recklessly cause a grave risk of death while intentionally inflicting serious physical injury.

Appellate Information

• Decided 06/03/2008
• Published 06/03/2008

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Court

• Court of Appeals of New York

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