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People State New York v. Morgan Goodman

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eBook details

  • Title: People State New York v. Morgan Goodman
  • Author : Court of Appeals of New York
  • Release Date : January 18, 1986
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 77 KB

Description

[69 N.Y.2d 32 Page 35] Opinion OF THE COURT Defendant was originally charged with several crimes, including murder, robbery, grand larceny, burglary and criminal possession of a weapon, arising from the death of Elodie Henschel, age 83, and the theft of her two diamond rings. After trial the jury convicted him of the larceny and acquitted him of the remaining charges. On appeal we reversed, ordering suppression of defendant's statement to the police, and remanded the matter for a new trial on the larceny charge (People v Goodman, 54 N.Y.2d 451). On retrial, defendant was again convicted. On this appeal he contends the judgment must be reversed because the People were permitted to present evidence to the second jury, over his objection that it violated principles of double jeopardy and collateral estoppel, that (1) Ms. Henschel had been beaten to death, (2) defendant had said prior to her death that he intended to steal her rings and that he was willing to kill her to obtain them, and (3) defendant at a time relevant to the murder had blood on his clothes and hands. He concedes that the prior verdicts did not bar the second trial for grand larceny but contends that the People could not introduce this evidence after he had been acquitted of the murder, robbery and related counts in the first trial. For the reasons which follow there should be an affirmance.


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