Legal Opinion

People v. Baptiste

New York Court of Appeals

Decided October 25, 1988PublishedCited by 35 opinions

1Opinion of the Court

OPINION OF THE COURT

Simons, J.

Defendant appeals from an order of the Appellate Term which affirmed a judgment entered on a guilty plea convicting *358him of the misdemeanor of sexual abuse in the third degree. The guilty plea was entered after an earlier trial had been terminated without his consent because the jury was unable to reach a verdict. Defendant contends that the trial was unnecessarily aborted and thus his reprosecution violated the Double Jeopardy Clauses of the United States and New York Constitutions (US Const 5th Amend; NY Const, art I, § 6).* We agree and reverse the order of…

2Cases cited16 opinions

  1. Benton v. MarylandSupreme Court of the United States · 1969
  2. Green v. United StatesSupreme Court of the United States · 1957
  3. United States v. JornSupreme Court of the United States · 1971
  4. Arizona v. WashingtonSupreme Court of the United States · 1978
  5. Wade v. HunterSupreme Court of the United States · 1949

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3Cited by35 opinions

  1. The People v. Pettis HardyNew York Court of Appeals · 2015
  2. People v. LoveAppellate Division of the Supreme Court of the State of New York · 2003
  3. People v. GlandaAppellate Division of the Supreme Court of the State of New York · 2004
  4. Rivera v. FiretogNew York Court of Appeals · 2008
  5. People v. DurgeyAppellate Division of the Supreme Court of the State of New York · 1992

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

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