PEOPLE v. CATTEN


69 N.Y.2d 547 (1987)

The People of the State of New York, Appellant, v. Arnold Catten, Respondent. The People of the State of New York, Respondent, v. John Murphy, Appellant.

Court of Appeals of the State of New York.

Decided May 7, 1987.


Attorney(s) appearing for the Case

Mario Merola, District Attorney (Susan L. Valle and Peter D. Coddington of counsel), for appellant in the first above-entitled action.

Yasmin McFarlane-Vaughn for respondent in the first above-entitled action.

David J. Williams and Philip L. Weinstein for appellant in the second above-entitled action.

Robert M. Morgenthau, District Attorney (Phyllis A. Monroe and Amyjane Rettew of counsel), for respondent in the second above-entitled action.

Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


Chief Judge WACHTLER.

In each of these cases, this court must decide whether a retrial following the declaration of a mistrial over defense objection violates the ban on double jeopardy, though it was the defendant who had originally requested the mistrial. In the first case, the defendant attempted to withdraw his application after it was granted; in the second, the defendant's application was effectively denied...

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