Court of Appeals of New York

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

Judges

Court

• Court of Appeals of New York

Counsel