The law of double jeopardy in New York is complex. It emanates from three separate sources: the federal and state constitutions and the Criminal Procedure Law. The decisional law on this subject is difficult to navigate and, as Justice William Rehnquist once noted, “while the Clause itself simply states that no person shall be ‘subject for the same offense to be twice put in jeopardy of life or limb’, the decisional law in the area is a veritable Sargasso Sea which could not fail to challenge the most intrepid judicial navigator.” Albernaz v. United States, 450 U.S. 333, 343.

This column will focus on one discrete issue that has arisen in light of current events: Does a presidential pardon pose a bar to a state prosecution for the same acts or criminal transactions committed under federal law? To answer that question, one must first review certain aspects of the double jeopardy doctrine, and how it is applied in this state.