United States Second Circuit

The Supreme Court has "clearly established" that jeopardy attaches upon a trial court's unconditional acceptance of a guilty plea to the lesser included offense in a two-count indictment, so the Double Jeopardy Clause bars subsequent prosecution on a greater felony offense.

Appellate Information

• Argued 01/25/2001
• Decided 08/31/2001
• Published 08/31/2001

Judges

• F.I. PARKER, Circuit Judge:, Before WALKER, Chief Judge, OAKES, and F.I. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Georgia J. Hinde, New York, NY, for Appellant.


• For Appellees:
  
• Raffaelina Gianfrancesco, Assistant District Attorney, Bronx, N.Y. (Robert T. Johnson, Bronx County District Attorney, Joseph N. Ferdenzi, Allen H. Saperstein, Assistant District Attorneys, Bronx, NY, on the brief), for Appellee.