The People of the State of New York, Respondent v. Bruce Biggs, Appellant

Summary

The New York Court of Appeals held that the trial court's withdrawal of intentional murder counts constituted an acquittal for double jeopardy purposes and that first‑degree manslaughter is the same offense as second‑degree intentional murder, thereby barring the subsequent prosecution. The Court also held that the statutory double‑jeopardy claim was not preserved, and it reversed the Appellate Division, dismissing the first‑degree manslaughter indictment and ordering a new trial on the second‑degree manslaughter counts.