Legal Opinion
People v. Perez
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 1991PublishedCited by 3 opinions
1Opinion of the Court
Judgment, Supreme Court, Bronx County (Ira Globerman, J.), rendered April 28, 1989, convicting defendant of manslaughter in the first degree and sentencing him to an indeterminate term of imprisonment of 4 to 12 years, unanimously modified, on the law, the facts and in the interest of justice, to reduce the sentence to a term of 2 to 6 years, and otherwise affirmed.
Absent a showing that the prosecutor deliberately provoked the mistrial, continued prosecution of the indictment following the mistrial was not barred by the Federal or State Constitutions. (Oregon v Kennedy, 456 US 667; People v…
2Cases cited3 opinions
- Oregon v. KennedySupreme Court of the United States · 1982
- Potenza v. KaneAppellate Division of the Supreme Court of the State of New York · 1981
- People v. PresleyAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by3 opinions
- People v. MedinaAppellate Division of the Supreme Court of the State of New York · 1994
- People v. SanzaAppellate Division of the Supreme Court of the State of New York · 1994
- City of New York v. WrightAppellate Terms of the Supreme Court of New York · 1994