(Download) "Matter Jerome Person v. Arthur Cooperman" by Supreme Court of New York # Book PDF Kindle ePub Free

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Title: Matter Jerome Person v. Arthur Cooperman
Author : Supreme Court of New York
Release Date : January 22, 1991
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 66 KB

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DECISION & JUDGMENT The petitioner claims that the Double Jeopardy Clause bars retrial because his motion for a mistrial at the prior trial was provoked by deliberate prosecutorial misconduct. We disagree. Our review of the relevant portions of the record reveals that the prosecutor's conduct was not ""intended to provoke the [petitioner] into moving for a mistrial"" (Oregon v Kennedy, 456 U.S. 667, 679). ""Absent such a bad-faith intent, the misconduct does not constitute that type of prosecutorial overreaching contemplated by the United States Supreme Court as requiring -- the barring of reprosecution on the ground of double jeopardy"" (People v Copeland, 127 A.D.2d 846, 847; see also, Schoendorf v Mullen, 152 A.D.2d 715, 716).