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...

NEVER MISS A DECISION. START YOUR SUBSCRIPTION.

Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.

As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.

GET STARTED


OR

Read it with your Leagle account.
Sign in to continue


Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases