“Deplorable” prosecutorial misconduct geared toward winning a conviction rather than provoking a mistrial does not implicate double jeopardy and entitles the defendant only to a new trial, not dismissal of the underlying charge, the New York Court of Appeals said Thursday.
Matter of Gorghan v. DeAngelis, 109, largely reaffirms an established principle. But it also extends that principle for the first time to cases where the trial court reverses the defendant’s mistrial motion but is reversed on appeal.
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