People v. Hollander

OPINION OF THE COURT

Thomas A. Demakos, J.

Long-established constitutional doctrine imposes no limitation whatsoever upon the power of the prosecutor to retry a *898defendant who successfully appeals his conviction (United States v Ball, 163 US 662). However, once that original conviction is set aside and the prosecutor is granted leave to re-present the matter to a new Grand Jury, can the prosecutor then go into the Grand Jury and obtain an indictment which includes an additional offense based upon the same transaction and the same evidence that was in the People’s possession prior to the finding…