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PEOPLE v. CAVALLERIO

104 Misc.2d 436 (1980)

The People of the State of New York, Plaintiff, v. Manuel Cavallerio and Anthony Colabella, Defendants.

Supreme Court, Bronx County.

May 19, 1980.

Attorney(s) appearing for the Case

Lerner, Walker & Cohen (Steven Cohen of counsel), and Robert Koppelman for Manuel Cavallerio, defendant. Robert Carlucci, Assistant District Attorney, for plaintiff.

JOSEPH COHEN, J.

The question presented by this case is whether the double jeopardy provision of the Fifth Amendment to the United States Constitution applies to a retrial of a case which has been reversed on appeal for deliberate prosecutorial misconduct during trial.

These defendants were found guilty following a trial by jury of the crime of rape in the first degree, and were sentenced to an indeterminate...

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