MATTER OF PLUMMER v. ROTHWAX


63 N.Y.2d 243 (1984)

In the Matter of Anthony Plummer, Appellant, v. Harold J. Rothwax, as a Justice of the New York State Supreme Court, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 18, 1984.


Attorney(s) appearing for the Case

Paul Morgenstern and Paul Feinman for appellant.

Robert M. Morgenthau, District Attorney (Ronald G. Blum and Bruce Allen of counsel), for respondents.

Chief Judge COOKE and Judges JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


JASEN, J.

The narrow issue presented on this appeal is whether the trial court abused its discretion in declaring a mistrial by reason of the jury's apparent inability to reach a verdict. If there was such an abuse, a retrial would be barred violative of the defendant's right against double jeopardy.

Defendant was brought to trial on charges of sodomy in the first degree and assault in the second degree...

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