Double jeopardy. NY laws. Can they retry you for manslaughter after you win an appeal on murder conviction?

A man is convinced to stage an armed robbery for insurance purposes. He is told the store manager is a willing participant, but it is a lie. The 'robber,' who was there only with the intent to commit insurance fraud, shoots in self-defense and kills the manager. He goes to prison for murder. A couple of years later, the shop owner, feeling an attack of conscience, comes forward with the truth that the robber was set up. The robber's murder conviction is overturned. Can he now be charged with manslaughter?|||Yes. Double jeopardy generally only attaches when the defendant is acquitted by a finder of fact (such as a jury) or when the prosecution drops the case past a certain point (usually when the jury is empaneled). When, as here, a valid conviction is overturned on an appeal, the government is generally free to re-try the defendant or bring new charges. Since the facts indicate that the original conviction was based on an intentional killing theory - that is, murder - and the new facts indicate that the killing may have been unintentional, a manslaughter charge seems the most appropriate.|||Your question asked about an appeal but appeals courts don't take evidence, so it is rather nonsensical. If a conviction is reversed on an appeal initiated by the defendant, on grounds of newly discovered evidence, then he can be retried for the same offense or any lesser included offense because he is the one who asked for a new trial by filing the appeal..|||Yes reguardless of the circumstances his criminal actions resulted in the death of another human being. Not only should he be convicted but should do the maximum time allowed by law.for Manslaughter.|||Yes, as in most situations, which are rare, the appeals Court would only order a new trial.