New York Court of Appeals June 5, 1990 (People v. Van Pelt)

OPINION OF THE COURT

Bellacosa, J.

Defendant’s first trial and conviction resulted in a reversal by the Appellate Division for jury instructional error. The second jury trial resulted again in a conviction and in a higher sentence imposed by a different Justice. The Appellate Division affirmed and a Judge of this court granted leave to appeal.