Legal Opinion
The Matter of Estevan Gentil v. Hon. Ira Margulis
New York Court of Appeals
Decided November 19, 2015No. 158PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, without costs, and the petition dismissed.
After one juror was found unable to serve, defendant refused to substitute an alternate juror and requested a partial verdict on the one count on which the jury had indicated it had reached a verdict. The Appellate Division granted the petition on the basis that there was no manifest necessity for a mistrial and did not address the issue of consent (120 AD3d 1414 [2014]). Because defendant implicitly consented to a mistrial on two of three counts by requesting a…
2Cases cited8 opinions
- People v. FergusonNew York Court of Appeals · 1986
- Enright v. SiedleckiNew York Court of Appeals · 1983
- Rivera v. FiretogNew York Court of Appeals · 2008
- Robles v. BambergerAppellate Division of the Supreme Court of the State of New York · 1996
- Marte v. BerkmanNew York Court of Appeals · 2011
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3Cited by2 opinions
- People v. TeboutAppellate Division of the Supreme Court of the State of New York · 2020
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 2021