PEOPLE v. LOPEZ


106 Misc.2d 1015 (1981)

The People of the State of New York, Plaintiff, v. Octavio Lopez, Defendant.

Criminal Court of the City of New York, New York County.

February 10, 1981


Attorney(s) appearing for the Case

I. Peter Rayo for defendant. Robert M. Morgenthau, District Attorney (Elizabeth Lederer of counsel), for plaintiff.


BERNARD J. FRIED, J.

Defendant's motion to dismiss the complaint is denied. I hold that a retrial, in the circumstances of this case, would not subject defendant to double jeopardy in violation of his rights under the Constitution of the United States — or the State of New York.

On November 4, 1980, having waived his right to a trial by jury, defendant's first trial commenced before the court without a jury. At the conclusion of the first...

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