MATTER OF SANCHEZ v. TOMEI


214 A.D.2d 740 (1995)

627 N.Y.S.2d 49

In the Matter of Juan P. Sanchez, Petitioner, v. Albert Tomei et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 24, 1995


Adjudged that the petition is denied, without costs or disbursements, and the proceeding is dismissed on the merits.

At the petitioner's first trial, a Judge accepted a partial verdict and declared a mistrial with respect to the counts upon which the jury could not reach a verdict. Retrial of the petitioner on the remaining counts would not violate his right not to be placed twice in jeopardy for the same offense. While the petitioner did not expressly consent to...

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