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PEOPLE v. McFADDEN

No. 216.

20 N.Y.3d 260 (2012)

2012 NY Slip Op 8565

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. BRANDON McFADDEN, Respondent.

Court of Appeals of New York.

Decided December 13, 2012.

Attorney(s) appearing for the Case

Richard A. Brown , District Attorney, Kew Gardens ( Danielle Fenn and John M. Castellano of counsel), for appellant.

Appellate Advocates, New York City ( Jessica McNamara , Jonathan Garvin and Lynn W.L. Fahey of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ and SMITH concur with Chief Judge LIPPMAN; Judge PIGOTT dissents and votes to affirm in an opinion.

OPINION OF THE COURT

Chief Judge LIPPMAN.

The issue presented by this appeal is whether double jeopardy barred defendant from being retried for criminal possession of a controlled substance in the third degree after a previous jury had deadlocked on that charge, but rendered a partial verdict convicting him of the lesser included offense of criminal possession of a controlled substance in the seventh degree...

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