People v. Evans

OPINION OF THE COURT

Rosenblatt, J.

In this armed robbery case, the issue before us is whether, upon a retrial following a hung jury, the “law of the case” doctrine required the successor Trial Judge to adhere to the Sandoval ruling made at the first trial. We conclude that it did not.

I

As presented at both trials, the case against defendant rested on testimony that defendant and an accomplice, armed with a gun, robbed a driver of his car and some personal property. The police were summoned, gave chase and found defendant hiding under a van, after he and the accomplice had fled the stolen car on…