Legal Question in Criminal Law in New York

Can prosecution appeal a justice court acquittal?

I was arraigned in our village justice court for village ordinance violations. I plead ''not guilty'' and waived my right to a jury. Maximum penalty: 15 days in jail and a $250 fine.

Trial before the justice lasted 3 hours and included testimony from two witnesses. I represented myself. No motions were filed. The judge reserved his decision, allowing written summations to be submitted, after which he deliberated for nearly 5 months.

He returned verdicts of ''not guilty'' for all charges in a 6-page written decision.

My understanding of double jeopardy made me think that I was free at that point. At a bench trial, jeopardy attaches when the first witness is sworn in, and it ends when a ''not guilty'' verdict is rendered.

However, the Village just filed a notice of appeal, with an affidavit of errors, seeking to have the matter reheard in county court and seeking to reverse my acquittal.

Everything I have read, both in the caselaw and in the NY criminal procedure code, leads me to believe that an acquittal is not appealable by the government, even if the acquittal is based on errors.

The village attorney disagrees with me, claiming that appeals from justice court acquittals are common practice in NY state.

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