New York Court of Appeals

In the Matter of Dennis L. Enright v. Andrew F. Siedlecki, as Judge of the County Court of Tioga County, Appellants…

June 9, 198359 N.Y.2d 195

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the trial judges in both the Enright and Huntzinger cases acted within their discretion and that manifest necessity existed for the declared mistrials, so the defendants may be retried. The dissent argued that the majority improperly disregarded the defendants' right to avoid double jeopardy.