Morris v. Livote

OPINION OF THE COURT

Freedman, J.

In this CPLR article 78 proceeding, petitioner seeks a writ of prohibition barring respondents from retrying him on criminal charges after his first prosecution ended with the trial court declaring a mistrial* on the People’s motion and without petitioner’s consent. We grant the application because there was no manifest necessity for a mistrial, and accordingly retrial is barred under the Double Jeopardy Clauses of the Federal and *45New York State Constitutions (US Const 5th Amend; NY Const, art I, § 6; see also Matter of Enright v Siedlecki, 59 NY2d 195, 199-201…