Legal Opinion

People v. Sparacino

Appellate Division of the Supreme Court of the State of New York

Decided May 30, 1989PublishedCited by 14 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Nassau County (Belli, J.), rendered April 15, 1988, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant was convicted of burglary in the second degree after a second trial, the first trial having ended in a mistrial when the jury was unable to reach a verdict. He now contends that the mistrial was declared prematurely and that the retrial was violative of his Fifth Amendment right not to be subjected to double jeopardy.

Pursuant to CPL 310.60…

2Cases cited7 opinions

  1. Allen v. United StatesSupreme Court of the United States · 1896
  2. Arizona v. WashingtonSupreme Court of the United States · 1978
  3. People v. GloverNew York Court of Appeals · 1982
  4. Plummer v. RothwaxNew York Court of Appeals · 1984
  5. People v. WoolardAppellate Division of the Supreme Court of the State of New York · 1986

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. People v. MurrayAppellate Division of the Supreme Court of the State of New York · 1990
  2. Smith v. MarrusAppellate Division of the Supreme Court of the State of New York · 2006
  3. People v. HirschAppellate Division of the Supreme Court of the State of New York · 2001
  4. Martin v. HynesAppellate Division of the Supreme Court of the State of New York · 1999
  5. People v. BurtonAppellate Division of the Supreme Court of the State of New York · 1995

9 more not listed; retrieve them via the Exa API.

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