People v. McFadden

OPINION OF THE COURT

Chief Judge Lippman.

The issue presented by this appeal is whether double jeopardy barred defendant from being retried for criminal possession of a controlled substance in the third degree after a previous jury had deadlocked on that charge, but rendered a partial verdict convicting him of the lesser included offense of criminal possession of a controlled substance in the seventh degree. We find that, under these circumstances, double jeopardy does not preclude defendant’s retrial and therefore reverse.

Defendant was indicted for criminal possession of a controlled substance…