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Legal Opinion

People v. Marco

New York Supreme Court

Decided March 10, 1987PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Lawrence J. Tonetti, J.

After a jury was sworn, the court granted a mistrial due to *864the unavailability of an essential prosecution witness. Does the 5th Amendment’s double jeopardy provision bar any further prosecution where the court has contributed to the unavailability of said witness by its refusal to grant a material witness order? For the reasons set forth in the following opinion, the court determines that double jeopardy does not apply.

THE FACTS

The defendant, Benjamin Di Marco, was indicted on September 18, 1985 for a murder allegedly committed on December 8, 1984.…

2Cases cited16 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Arizona v. WashingtonSupreme Court of the United States · 1978
  3. Illinois v. SomervilleSupreme Court of the United States · 1973
  4. Crist v. BretzSupreme Court of the United States · 1978
  5. Downum v. United StatesSupreme Court of the United States · 1963

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3Cited by2 opinions

  1. State v. DunnsNew Jersey Superior Court Appellate Division · 1993
  2. State v. SullivanCourt of Criminal Appeals of Alabama · 1999

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