Court of Appeals of New York

In this case, defendant first sought a mistrial and now asserts a double jeopardy claim pursuant to a CPLR article 78 petition to prohibit a retrial. Denial of the CPLR article 78 petition and dismissal of the proceeding is affirmed, where: 1) the trial judge here left the mistrial decision up to defendant; and 2) because defendant decided to go with a mistrial and thus consented to it, her double jeopardy claim fails.

Appellate Information

• Decided 11/18/2014
• Published 11/18/2014

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Court

• Court of Appeals of New York

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