Legal Opinion
People v. Mitchell
Appellate Division of the Supreme Court of the State of New York
Decided October 25, 1993PublishedCited by 5 opinions
1Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Groh, J.), rendered December 21, 1989, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the Double Jeopardy Clauses of the United States Constitution (US Const 5th, 14th Amends) and the New York Constitution (NY Const, art I, § 6) requires a dismissal of the indictment because his motion for a mistrial was provoked by deliberate prosecutorial misconduct. We disagree.
Although in her…
2Cases cited4 opinions
- Oregon v. KennedySupreme Court of the United States · 1982
- People v. VentimigliaNew York Court of Appeals · 1981
- People v. CopelandAppellate Division of the Supreme Court of the State of New York · 1987
- Schoendorf v. MullenAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by5 opinions
- People v. BooneAppellate Division of the Supreme Court of the State of New York · 2001
- People v. MayAppellate Division of the Supreme Court of the State of New York · 1996
- People v. BowmanAppellate Division of the Supreme Court of the State of New York · 1995
- People v. HartAppellate Division of the Supreme Court of the State of New York · 1995
- Cooke v. FiretogAppellate Division of the Supreme Court of the State of New York · 1995