Legal Opinion
People v. Buffin
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 1997PublishedCited by 5 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Because of an inadvertent reference by a witness to a “photo array” at defendant’s first trial, defense counsel moved for a mistrial. Over the People’s objection, defendant’s motion for a mistrial was granted and, without objection, a new trial was scheduled. Defendant was convicted, after the retrial, of manslaughter in the first degree (Penal Law § 125.20).
Although defendant’s trial counsel failed to object to a retrial on the ground of double jeopardy, “a claim that the constitutional prohibitions against double jeopardy have been violated poses…
2Cases cited10 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. CrimminsNew York Court of Appeals · 1975
- People v. BaldiNew York Court of Appeals · 1981
- People v. JohnsonNew York Court of Appeals · 1982
- People v. MichaelNew York Court of Appeals · 1979
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. SpeicherAppellate Division of the Supreme Court of the State of New York · 2004
- People v. RogersAppellate Division of the Supreme Court of the State of New York · 2000
- People v. GardnerAppellate Division of the Supreme Court of the State of New York · 2015
- GARDNER, ERIC J., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
- People v. GardnerAppellate Division of the Supreme Court of the State of New York · 2015