Legal Opinion
Roman v. Brown
Appellate Division of the Supreme Court of the State of New York
Decided August 22, 1991PublishedCited by 7 opinions
1Opinion of the Court
— Proceeding pursuant to CPLR article 78 to prohibit the respondents from further prosecuting the petitioner under Queens County Indictment Nos. 6791/90 and 1983/91, on the ground that retrial would violate his right not to twice be placed in jeopardy for the same offense, and to dismiss the indictments.
Adjudged that the proceeding is dismissed, without costs or disbursements.
The petitioner claims that the Double Jeopardy Clause bars retrial because his motion for a mistrial at the prior trial was provoked by deliberate prosecutorial misconduct. We disagree. Our review of the relevant…
2Cases cited4 opinions
- Oregon v. KennedySupreme Court of the United States · 1982
- People v. CopelandAppellate Division of the Supreme Court of the State of New York · 1987
- People v. PresleyAppellate Division of the Supreme Court of the State of New York · 1988
- Schoendorf v. MullenAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by7 opinions
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 1995
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1995
- People v. BooneAppellate Division of the Supreme Court of the State of New York · 2001
- Davis v. BrownAppellate Division of the Supreme Court of the State of New York · 1995
- People v. BowmanAppellate Division of the Supreme Court of the State of New York · 1995
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