Legal Opinion
People v. Presley
Appellate Division of the Supreme Court of the State of New York
Decided January 29, 1988PublishedCited by 10 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting defendant of first degree kidnapping, his primary claim is that a prior mistrial prohibited reprosecution on grounds of double jeopardy. We disagree. Since the mistrial was granted on defendant’s motion and there is no evidence that the prosecutor intentionally provoked it, the reprosecution was not barred by the Double Jeopardy Clause of either the Federal or State Constitutions (Oregon v Kennedy, 456 US 667, 673-674; Matter of Owen v Harrigan, 131 AD2d 20, 22; People v Reardon, 126 AD2d 974; ef., Matter of…
2Cases cited4 opinions
- Oregon v. KennedySupreme Court of the United States · 1982
- Potenza v. KaneAppellate Division of the Supreme Court of the State of New York · 1981
- Owen v. HarriganAppellate Division of the Supreme Court of the State of New York · 1987
- People v. ReardonAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by10 opinions
- Roman v. BrownAppellate Division of the Supreme Court of the State of New York · 1991
- Schoendorf v. MullenAppellate Division of the Supreme Court of the State of New York · 1989
- People v. BuffinAppellate Division of the Supreme Court of the State of New York · 1997
- People v. PerezAppellate Division of the Supreme Court of the State of New York · 1991
- Jordan v. O'DwyerAppellate Division of the Supreme Court of the State of New York · 1989
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