PEOPLE v. WILLIAMS


298 A.D.2d 163 (2002)

751 N.Y.S.2d 170

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEQUAN WILLIAMS, Appellant.

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

Decided October 8, 2002.


Contrary to defendant's contentions, CPL 300.50 (4) and 300.40 (3) (b) do not require that his petit larceny conviction at his first trial be deemed an acquittal of the robbery charge, upon which the first jury was unable to reach a unanimous verdict. Accordingly, his retrial on the robbery count did not violate principles of double jeopardy. Notably, the jury at the first trial was instructed to consider petit larceny only as...

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