The People of the State of New York v. James R. Kurtz

Summary

The New York Court of Appeals affirmed the County Court's order granting a new trial, holding that the trial court erred by dismissing the information without first ruling on the defendant's motion and without giving the prosecutor a chance to cure the inadequate opening statement, and that the dismissal does not bar retrial under the double jeopardy doctrine. The Court explained that a dismissal on the defendant's motion is not an adjudication on the merits and therefore does not constitute double jeopardy. Justice Jones dissented, arguing that the dismissal was an adjudication on the facts and that double jeopardy bars a retrial.