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· 8/2/2023

Matter of DeSantiago-Keene

Citations

  • 218 A.D.3d 20
  • 192 N.Y.S.3d 268
  • 2023 NY Slip Op 04123

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating each criminal count is “in fact and theory, a separate indictment”
  • stating each criminal count is “in fact and theory, a separate indictment”
  • retrial impermissible following inexplicable jury silence on separate counts of a multi-count indictment
  • retrial impermissible following inexplicable jury silence on separate counts of a multicount indictment
  • “[I]f, on the other hand, after the case had been submitted to the jury, they reported their inability to agree, and the court ... discharged them, such discharge would not be equivalent to an acquittal”
  • “But if, on the other hand, after the case had been submitted to the jury they reported their inability to agree, and the court made record of it and discharged them, such discharge would not be equivalent to an acquittal, since it would not bar the further prosecution.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Per Curiam.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.