Which statement correctly describes double jeopardy protection in New York?

• A. A second prosecution for the same offense after an acquittal or conviction is barred
• B. A retrial is always permitted after a mistrial
• C. A prosecution for a different offense arising from the same facts is barred
• D. Immunity defeats double jeopardy protections

Answer: (A)

Double jeopardy in New York bars a second prosecution for the same offense after the defendant has been acquitted or convicted. Once jeopardy attaches at the start of a trial and the defendant is acquitted or convicted, the government cannot retry that same offense. This protects the defendant from being punished or punished again for the same conduct after a final decision.

To understand the scope, remember that the same-offense rule is checked by the Blockburger test: if each offense requires proof of a different element, they are considered separate offenses and can be charged separately; if not, they are the same offense for double jeopardy purposes. This is why the prohibition is about the same offense, not about every possible related or broader charge.

The other statements aren’t correct because retrial after a mistrial isn’t guaranteed and depends on the circumstances, immunity doesn’t automatically defeat double jeopardy protections, and a prosecution for a different offense arising from the same facts can often proceed if it involves a separate offense under the relevant elements.