MTR OF PASTRANA v. BAKER


55 N.Y.2d 315 (1982)

In the Matter of Peter Pastrana, Appellant, v. Edward A. Baker, as County Court Judge of Nassau County, et al., Respondents.

Court of Appeals of the State of New York.

Decided April 1, 1982.


Attorney(s) appearing for the Case

Arnold E. Wallach and Harold Borg for appellant.

Denis Dillon, District Attorney (Judith R. Sternberg and Anthony J. Girese of counsel), for respondents.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


Chief Judge COOKE.

Reprosecution on a charge is not barred by the constitutional protection against double jeopardy when the earlier "acquittal" was based on an erroneous legal ruling not involving any review of the facts. The retrial of a lesser count, on which the jury deadlocked, is not prohibited when, after discharging the jury and without adjudication on the facts, the Judge ordered an acquittal in the...

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