Legal Opinion
Guido v. Berkman
Appellate Division of the Supreme Court of the State of New York
Decided May 6, 1986PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Petitioners Nicholas Guido and Dominick LaTorre commenced this CPLR article 78 proceeding, in the nature of prohibition, seeking to bar their retrial upon New York County Supreme Court indictment number 2376A/84, and to dismiss the indictment. They primarily contend that retrial would violate their right under the 5th Amendment not to be placed twice in jeopardy for the same offense. On this sparse record we are unable to discern justification for the Trial Justice’s sua sponte declaration of a mistrial. We are persuaded that no inference of acquiescence in the mistrial…
3Cases cited10 opinions
- United States v. JornSupreme Court of the United States · 1971
- Arizona v. WashingtonSupreme Court of the United States · 1978
- Wade v. HunterSupreme Court of the United States · 1949
- Plummer v. RothwaxNew York Court of Appeals · 1984
- Colcloughley v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1986
5 more not listed; retrieve them via the Exa API.
4Cited by4 opinions
- Marte v. BerkmanAppellate Division of the Supreme Court of the State of New York · 2010
- Marte v. BerkmanAppellate Division of the Supreme Court of the State of New York · 2010
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1996
- Smith v. MarrusAppellate Division of the Supreme Court of the State of New York · 2006