People v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*220Judgment, Supreme Court, New York County (Carol Berk-man, J., on dismissal motion; Ira F. Beal, J., at mistrial; Budd G. Goodman, J., at jury trial and sentence), rendered July 26, 2000, convicting defendant of robbery in the first degree and burglary in the first degree, and sentencing him, as a second violent felony offender, to concurrent terms of 25 years, unanimously affirmed.
The record establishes that at defendant’s first trial he consented to a mistrial and thus waived his present double jeopardy claim (People v Ferguson, 67 NY2d 383, 386-389 [1986]; People v Michallow, 201 AD2d 915…
2Cases cited10 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. BeneventoNew York Court of Appeals · 1998
- Illinois v. AllenSupreme Court of the United States · 1970
- People v. BaskervilleNew York Court of Appeals · 1983
- People v. FergusonNew York Court of Appeals · 1986
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3Cited by7 opinions
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