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MATTER OF SUAREZ v. BYRNE

10 N.Y.3d 523 (2008)

890 N.E.2d 201

860 N.Y.S.2d 439

In the Matter of SANTOS SUAREZ, Appellant, v. JOHN BYRNE, as Acting Justice of the Supreme Court, Bronx County, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 3, 2008.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Mark W. Zeno and Robert S. Dean of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Peter D. Coddington of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

READ, J.

At issue in this appeal is whether Santos Suarez may be retried for first-degree manslaughter—a count submitted to but not considered by the jury in his first trial—after his acquittal of intentional murder and our reversal of his conviction for depraved indifference murder on the ground of legal insufficiency. For the reasons that follow, we conclude that Suarez may be reprosecuted for intentional manslaughter...

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