People v. Ressler

Scileppi, J. (concurring in part, dissenting in part).

I agree with the majority that a new trial must be had because of the admission into evidence of the statement which was made by the defendant at the police station, after the law firm which represented the defendant had contacted the police. However, I believe that the double jeopardy provisions of the Federal and State Constitutions do not prohibit the defendant from being retried for a crime higher than manslaughter in the first degree.

Without retracing the majority’s steps, I observe that sections 464 and 544 of the Code of Criminal…