People v. Hernandez

Tom, J.P., and Saxe, J.,

dissent in part in a memorandum by Tom, J.P., as follows: My dissent is confined to the majority’s remand for further prosecution on the count of manslaughter in *361the first degree. That disposition violates the constitutional protection against double jeopardy.

“The prohibition on double jeopardy protects against: (1) a second prosecution for the same offense after acquittal; (2) a second prosecution for the same offense after conviction; and (3) multiple punishments for the same offense” (Boyd v Meachum, 77 F3d 60, 63 [2d Cir 1996], cert denied sub nom. Boyd v…