Legal Opinion
People v. Adames
New York Court of Appeals
Decided December 21, 1993PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
This appeal, on a grant of leave to defendant by a Judge of this Court, presents a narrow question. The case, which has generated a constitutional double jeopardy claim, has traveled an unusual procedural path. At defendant’s first trial, the court reserved decision on defendant’s motion for a mistrial based on prosecutorial misconduct. The case proceeded to a jury verdict of guilt, which was subsequently vacated by the trial court. Defendant next moved on double jeopardy grounds to dismiss the indictment and prevent his retrial. This motion was denied and…
2Cases cited5 opinions
- Oregon v. KennedySupreme Court of the United States · 1982
- People v. ConyersNew York Court of Appeals · 1981
- People v. CattenNew York Court of Appeals · 1987
- Potenza v. KaneAppellate Division of the Supreme Court of the State of New York · 1981
- Randall v. RothwaxNew York Court of Appeals · 1991
3Cited by9 opinions
- Gorghan v. DeAngelisNew York Court of Appeals · 2006
- Hoffler v. JaconAppellate Division of the Supreme Court of the State of New York · 2010
- People v. ArduiniAppellate Division of the Supreme Court of the State of New York · 1995
- Gorghan v. DeAngelisAppellate Division of the Supreme Court of the State of New York · 2006
- People v. HammockAppellate Division of the Supreme Court of the State of New York · 1998
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