“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.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]