Legal Opinion

Randall v. Rothwax

New York Court of Appeals

Decided November 21, 1991PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Bellacosa, J.

The Appellate Division judgment, premised on a Federal double jeopardy bar, grants prohibition against further criminal proceedings on an indictment (161 AD2d 70) and should be affirmed. The unusual developments of this case do not lend themselves to neat categorization within double jeopardy parlance or principles.

The 17-year-old defendant was tried for attempted murder in the second degree and related offenses. After eight hours of deliberation which included a dinner break, the jury reported to the trial court that it was deadlocked. The court gave a "mild…

2Cases cited14 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. Green v. United StatesSupreme Court of the United States · 1957
  3. Allen v. United StatesSupreme Court of the United States · 1896
  4. United States v. JornSupreme Court of the United States · 1971
  5. Arizona v. WashingtonSupreme Court of the United States · 1978

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3Cited by15 opinions

  1. People v. AdamesNew York Court of Appeals · 1993
  2. Hoffler v. JaconAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. NicholsonAppellate Division of the Supreme Court of the State of New York · 2006
  4. Gorghan v. DeAngelisAppellate Division of the Supreme Court of the State of New York · 2006
  5. People v. CanalesAppellate Division of the Supreme Court of the State of New York · 2014

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