Jeffrey v. Firetog
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Proceeding pursuant to CPLR article 78 in the nature of prohibition to bar the retrial of the petitioner in a criminal action entitled People v Jeffrey, pending in the Supreme Court, Kings County, under indictment No. 1166/05, on the ground that retrial would violate the prohibition against double jeopardy.
Adjudged that the petition is denied, without costs or disbursements, and the proceeding is dismissed on the merits.
We reject the petitioner’s contention that retrying him on Kings County indictment No. 1166/2005 would violate the prohibition against double jeopardy.
“Where a mistrial is…
2Cases cited8 opinions
- Arizona v. WashingtonSupreme Court of the United States · 1978
- United States v. PerezSupreme Court of the United States · 1824
- People v. FergusonNew York Court of Appeals · 1986
- Plummer v. RothwaxNew York Court of Appeals · 1984
- Gkanios v. Home Savings of AmericaAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by3 opinions
- People v. SandersAppellate Division of the Supreme Court of the State of New York · 2008
- People v. CalixteAppellate Division of the Supreme Court of the State of New York · 2024
- People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2018