People v. Abston
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant contends that his retrial was barred by double jeopardy because the prosecutor deliberately provoked defendant to seek a mistrial. We disagree. Although the prosecutor acted improperly in questioning a prosecution witness who changed his previous testimony that defendant was the shooter, there is no basis in the record to justify an inference that the prosecutor’s misconduct was motivated by bad faith and was designed to *971provoke a mistrial motion (see, Matter of Potenza v Kane, 79 AD2d 467, 470-471, lv denied 53 NY2d 606; see also, Oregon…
2Cases cited14 opinions
- Allen v. United StatesSupreme Court of the United States · 1896
- Oregon v. KennedySupreme Court of the United States · 1982
- United States v. DinitzSupreme Court of the United States · 1976
- People v. OcasioNew York Court of Appeals · 1995
- People v. PaganNew York Court of Appeals · 1978
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People v. RomanAppellate Division of the Supreme Court of the State of New York · 2005
- People v. WiegertAppellate Division of the Supreme Court of the State of New York · 1998
- People v. SamuelsAppellate Division of the Supreme Court of the State of New York · 1998
- People v. HenryAppellate Division of the Supreme Court of the State of New York · 1996
- People v. MaldonadoAppellate Division of the Supreme Court of the State of New York · 2014
7 more not listed; retrieve them via the Exa API.