Only prosecutorial misconduct that is so egregious that it impairs the very “integrity of the judicial process” should bar reprosecution on double-jeopardy grounds, a unanimous New York appeals panel has held.
Last week’s opinion by Justice Carl J. Mugglin in Gorghan v. DeAngelis, 98874, clears the way for Rensselaer County, N.Y., prosecutors to retry a man whom they believe raped in the late 1990s a 21-year-old woman he had been abusing since she was 8.
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