Court of Appeals of New York

The Appellate Division's reversal of defendant's conviction for criminal possession of a controlled substance in the third degree on retrial is reversed, where having charted his own course by opting for a mistrial and a retrial on the remaining counts, defendant cannot now claim that his retrial is barred by double jeopardy.

Appellate Information

• Decided 12/13/2012
• Published 12/13/2012

Judges

• Lippman

Court

• Court of Appeals of New York

Counsel