Legal Opinion
Gorghan v. DeAngelis
New York Court of Appeals
Decided October 19, 2006PublishedCited by 19 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
In the context of this troubling case of a trial prosecutor’s misconduct, we are asked to determine whether double-jeopardy principles bar petitioner’s retrial where his conviction was reversed on appeal based on that misconduct. We conclude, as did the Appellate Division, that the proper remedy is a new trial.
In April 1997, petitioner allegedly raped and otherwise sexually molested the 21-year-old daughter of his live-in girlfriend. Two years later, in 1999, the victim reported this to the police, and also that petitioner had abused her when she was a…
2Cases cited5 opinions
- Oregon v. KennedySupreme Court of the United States · 1982
- MATTER OF DAVIS v. BrownNew York Court of Appeals · 1996
- People v. GorghanAppellate Division of the Supreme Court of the State of New York · 2004
- People v. AdamesNew York Court of Appeals · 1993
- Gorghan v. DeAngelisAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by19 opinions
- People v. StewartAppellate Division of the Supreme Court of the State of New York · 2008
- People v. KappenAppellate Division of the Supreme Court of the State of New York · 2016
- People v. EllisAppellate Division of the Supreme Court of the State of New York · 2020
- People v. SingletonAppellate Division of the Supreme Court of the State of New York · 2016
- Robar v. LaBudaAppellate Division of the Supreme Court of the State of New York · 2011
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