Legal Opinion

People v. Ferguson

New York Court of Appeals

Decided May 13, 1986PublishedCited by 184 opinions

1Opinion of the Court

*386OPINION OF THE COURT

Chief Judge Wachtler.

The defendant’s first trial terminated when the Judge declared a mistrial while defendant was not present in court. After a second trial, defendant was convicted of murder in the second degree, and the conviction has been affirmed by a divided Appellate Division. The issues on this appeal are whether defendant’s lawyer consented to the mistrial, and whether a lawyer has the authority to do so where the defendant is not present and was not consulted. We answer both of these questions affirmatively, and affirm the order of the Appellate Division.

Defendant…

2Cases cited23 opinions

  1. Jones v. BarnesSupreme Court of the United States · 1983
  2. Benton v. MarylandSupreme Court of the United States · 1969
  3. United States v. JornSupreme Court of the United States · 1971
  4. United States v. ScottSupreme Court of the United States · 1978
  5. Wade v. HunterSupreme Court of the United States · 1949

18 more not listed; retrieve them via the Exa API.

3Cited by184 opinions

  1. People v. GonzalezNew York Court of Appeals · 1986
  2. People v. VelascoNew York Court of Appeals · 1991
  3. People v. FavorNew York Court of Appeals · 1993
  4. People v. WhiteNew York Court of Appeals · 1989
  5. People v. RodriguezNew York Court of Appeals · 1990

179 more not listed; retrieve them via the Exa API.

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