Double Jeopardy:

• Library: The Rulebook: The Definitive Quick Reference Guide for New York Criminal Law Practitioners (2020 Ed.)

► DOUBLE JEOPARDY: The Fifth Amendment of the United States Constitution provides, in relevant part, that "[n]o person shall . . . be subject for the same offence to be twice put in jeopardy of life or limb" (US Const, 5th Amend; see NY Const, art 1, § 6). "The United States Supreme Court has construed this language to cover three distinct protections: (1) the right to be free from a second trial following an acquittal for the same crime; (2) the right to be free from a second trial following a conviction for the same offense; and (3) the right not to be punished more than once for the same crime" (People v Williams, 14 NY3d 198, 214 [2010], cert denied 562 US 947 [2010] [emphases added]). "At its core, double jeopardy precludes 'the government from prosecuting a [defendant] for the same offense after an acquittal or a conviction; or from imposing multiple punishments for the same offense in successive proceedings'" (People v Gause, 19 NY3d 390, 394 [2012] [footnote omitted], quoting Matter of Suarez v Byrne, 10 NY3d 523, 532 [2008]; see People v Gonzalez, 99 NY2d 76, 82 [2002]; People v Roach, 226 AD2d 55, 57-58 [4th Dept 1996]).

Conditional Imprisonment: "[W]here a...