MATTER OF HARRIS v. JUSTICES OF THE SUPREME COURT, KINGS COUNTY


44 N.Y.2d 874 (1978)

In the Matter of Leon Harris, Appellant, v. Justices of the Supreme Court, Kings County, Respondents.

Court of Appeals of the State of New York.

Decided May 31, 1978.


Attorney(s) appearing for the Case

David Otis Fuller, Jr., for appellant.

Eugene Gold, District Attorney (Laura A. Brevetti and Richard A. Finkel of counsel), for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

The judgment of the Appellate Division should be affirmed. There is no merit to petitioner's contention that retrial would violate double jeopardy principles and, thus, the application for an order prohibiting retrial was properly denied.

At the first trial petitioner and James Alonzo were tried together. Throughout the trial petitioner's attorney repeatedly, but unsuccessfully, moved for a mistrial on...

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