Court of Appeals of New York

In a dispute involving the validity of defendant's consent to a mistrial, judgment of the appeals court is affirmed because while express consent to a mistrial is preferable, a defendant's consent may in some cases be implied from the circumstances leading up to the dismissal of the jury" and the question of whether the defense consented to a mistrial involves a factual determination by the lower courts.

Appellate Information

• Decided 05/05/2011
• Published 05/05/2011

Judges

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Robert Blossner, Martin J. Foncello