New York Court of Appeals

Matter of Suarez v. Byrne

June 3, 200810 N.Y.3d 523

Summary

The New York Court of Appeals held that double jeopardy does not bar a retrial of Santos Suarez for intentional first-degree manslaughter because the jury never had a full opportunity to consider that charge; the prior acquittal of intentional murder and reversal of his depraved‑indifference murder conviction do not preclude it.