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MTR. GORGHAN v. DEANGELIS

7 N.Y.3d 470 (2006)

857 N.E.2d 523

824 N.Y.S.2d 202

In the Matter of ROBERT GORGHAN, Appellant, v. PATRICIA DEANGELIS, as District Attorney of Rensselaer County, et al., Respondents.

Court of Appeals of New York.

Decided October 19, 2006.

Attorney(s) appearing for the Case

Bianco Law Office, Syracuse (Randi J. Bianco and Lucille M. Rignanese of counsel), for appellant.

Patricia A. DeAngelis, District Attorney, Troy (George M. Dentes and Jennifer C. Shatz of counsel), respondent pro se, and for Paul Czajka, respondent.

Bennett L. Gershman, White Plains, and Green & Willstatter (Richard D. Willstatter of counsel), for New York State Association of Criminal Defense Lawyers, amicus curiae.

Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur; Judge PIGOTT taking no part.

OPINION OF THE COURT

Chief Judge KAYE.

In the context of this troubling case of a trial prosecutor's misconduct, we are asked to determine whether double-jeopardy principles bar petitioner's retrial where his conviction was reversed on appeal based on that misconduct. We conclude, as did the Appellate Division, that the proper remedy is a new trial.

In April 1997, petitioner allegedly raped and otherwise sexually molested the 21-year-old daughter...

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