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PEOPLE v. EVANS

94 N.Y.2d 499 (2000)

727 N.E.2d 1232

706 N.Y.S.2d 678

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC EVANS, Appellant.

Court of Appeals of the State of New York.

Decided February 29, 2000.

Attorney(s) appearing for the Case

David E. Liebman, New York City, for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Susan Axelrod and Patrick J. Hynes of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

OPINION OF THE COURT

ROSENBLATT, J.

In this armed robbery case, the issue before us is whether, upon a retrial following a hung jury, the "law of the case" doctrine required the successor Trial Judge to adhere to the Sandoval ruling made at the first trial. We conclude that it did not.

I.

As presented at both trials, the case against defendant rested on testimony that defendant and an accomplice...

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