A source tells of a case in Albany County where the judges came up with different decisions because of their differing perspectives on how double jeopardy applied to a situation.
David M was charged with 1st degree criminal robbery and put on trial. According to our expert, 1st degree robbery is robbery using a deadly weapon. During the trial, there was no evidence to prove that M was armed with the knife that he allegedly used. Therefore, he appealed to the Court to drop the charge. The Court did not. However, it said that it would open to the jury the possibility that M was guilty only of 2nd degree and 3rd degree robbery. These are lesser offenses with lighter sentences. The jury however still could not decide if M was guilty of these.