Stanley v. Justices of the Supreme Court

Proceeding pursuant to CPLR article 78 to prohibit a retrial of the petitioner under Kings County Indictment No. 6778/93, on the ground that a retrial would violate his right not to be placed in jeopardy twice for the same offense.

Adjudged that the petition is denied, without costs or disbursements, and the proceeding is dismissed on the merits.

We reject the petitioner’s contentions that there was no manifest necessity for the mistrial that was granted by the trial court and that the petitioner is, therefore, entitled to the protection of the Double Jeopardy Clauses of the Federal and State…