Cardin v. Sedita
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGoldman, J.
In this article 78 proceeding, originating in this court, petitioner seeks a judgment of permanent prohibition to bar his retrial on a charge of possession of a controlled substance in the third degree. The first trial was terminated when the court sua sponte declared a mistrial over the defendant’s objection, after the jury had been sworn and six prosecution witnesses had testified. Petitioner’s principal contention, and the only one we need consider, is that a retrial would subject him to double jeopardy (US Const, 5th Arndt; NY Const, art I, § 6; CPL 40.20, subd 1).
The drugs to which the…
2Cases cited19 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- United States v. JornSupreme Court of the United States · 1971
- People v. SandovalNew York Court of Appeals · 1974
- Wade v. HunterSupreme Court of the United States · 1949
- Illinois v. SomervilleSupreme Court of the United States · 1973
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3Cited by10 opinions
- De Canzio v. KennedyAppellate Division of the Supreme Court of the State of New York · 1979
- Potenza v. KaneAppellate Division of the Supreme Court of the State of New York · 1981
- People v. GarofaloAppellate Division of the Supreme Court of the State of New York · 1979
- People v. BaxAppellate Division of the Supreme Court of the State of New York · 1978
- People v. VanDusenAppellate Division of the Supreme Court of the State of New York · 1987
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