Legal Opinion

People v. Canales

New York Supreme Court

Decided April 16, 2012Published

1Opinion of the Court

OPINION OF THE COURT

Joel M. Goldberg, J.

The defendant’s motion, dated February 3, 2012, to preclude his retrial on charges of murder in the second degree (the sole remaining charge in the indictment as will be discussed below) as well as the lesser included offenses of manslaughter in the first and second degrees on grounds of double jeopardy, upon consideration of the People’s response, dated March 12, 201 [2], and the defendant’s reply, dated April 2, 2012, is granted to the extent indicated herein.

Procedural History

The defendant was convicted after a jury trial before this court of murder…

2Cases cited14 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. Burks v. United StatesSupreme Court of the United States · 1978
  3. Greene v. MasseySupreme Court of the United States · 1978
  4. Rush v. MordueNew York Court of Appeals · 1986
  5. People v. MayoNew York Court of Appeals · 1979

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