Legal Opinion
Hall v. Potoker
New York Court of Appeals
Decided March 25, 1980PublishedCited by 99 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
The issue here is whether double jeopardy bars retrial of a criminal defendant where, due to the unexpected hospitalization of a prosecution witness, a mistrial had been declared over defense objection. A unanimous Appellate Division held that the retrial was permissible. For reasons which follow, there should be an affirmance.
Petitioner, Raymond Hall, was indicted by a Kings County Grand Jury for criminal sale of a controlled substance to an undercover police officer. Trial commenced on April 23, 1979 in Kings County Supreme Court. Five days earlier, the…
2Cases cited9 opinions
- Arizona v. WashingtonSupreme Court of the United States · 1978
- Wade v. HunterSupreme Court of the United States · 1949
- Illinois v. SomervilleSupreme Court of the United States · 1973
- Downum v. United StatesSupreme Court of the United States · 1963
- People v. MichaelNew York Court of Appeals · 1979
4 more not listed; retrieve them via the Exa API.
3Cited by99 opinions
- People v. OrtizNew York Court of Appeals · 1981
- People v. FergusonNew York Court of Appeals · 1986
- Plummer v. RothwaxNew York Court of Appeals · 1984
- People v. KurtzNew York Court of Appeals · 1980
- Enright v. SiedleckiNew York Court of Appeals · 1983
94 more not listed; retrieve them via the Exa API.