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PEOPLE v. BOLLANDER

147 Misc.2d 897 (1990)

The People of the State of New York, Plaintiff, v. William Bollander, Defendant.

Supreme Court, Queens County.

June 6, 1990

Attorney(s) appearing for the Case

Todd Greenberg for defendant. Helman R. Brook and Matthew S. Greenberg for plaintiff.

THOMAS A. DEMAKOS, J.

Long-established constitutional doctrine imposes no limitation whatsoever upon the power of the prosecutor to retry a defendant who successfully appeals his conviction (United States v Ball, 163 U.S. 662). However, once that original conviction is set aside and the prosecutor is granted leave to re-present the matter to a new Grand Jury, can the...

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