Court of Appeals of New York

Order of the Appellate Division reversing defendant's conviction for first-degree manslaughter as a hate crime is modified to grant the People leave to resubmit the charge of manslaughter in the first degree as a hate crime to another grand jury, where: 1) the jury convicted defendant of first-degree manslaughter as a hate crime, but acquitted him of first-degree manslaughter, which was inconsistent, and thus repugnant; 2) permitting a retrial on the repugnant charge upon which the jury convicted, but not on the charge of which the jury actually acquitted defendant, strikes a reasonable balance of protection.

Appellate Information

• Decided 11/24/2014
• Published 11/24/2014

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Court

• Court of Appeals of New York

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