Legal Opinion
Grant v. Kreindler
Appellate Division of the Supreme Court of the State of New York
Decided June 11, 1990PublishedCited by 4 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 to prohibit the retrial of Kings County indictment Number 9896/89 on the ground that a retrial would subject the petitioner to double jeopardy.
Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.
Retrial of the petitioner is not barred by principles of double jeopardy. In People v Michael (48 NY2d 1, 9), the court, in reviewing the propriety of a retrial when a mistrial had been granted over the defendant’s objection, stated: "Where a court declares a mistrial without obtaining the defendant’s consent the…
2Cases cited10 opinions
- Arizona v. WashingtonSupreme Court of the United States · 1978
- Gori v. United StatesSupreme Court of the United States · 1961
- People v. MichaelNew York Court of Appeals · 1979
- Hall v. PotokerNew York Court of Appeals · 1980
- Enright v. SiedleckiNew York Court of Appeals · 1983
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. NiccolichAppellate Division of the Supreme Court of the State of New York · 1995
- Stanley v. Justices of the Supreme CourtAppellate Division of the Supreme Court of the State of New York · 1995
- People v. BonetaAppellate Division of the Supreme Court of the State of New York · 1996
- Matter of Palacios v. SingasAppellate Division of the Supreme Court of the State of New York · 2017