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.