People v. Boutte

Judgment, Supreme Court, New York County (Felice Shea, J., at hearing; Dorothy Cropper, J., on dismissal motion; Bruce Allen, J., at jury trial and sentence), rendered March 26, 1998, convicting defendant of robbery in the first degree and sentencing him, as a persistent violent felony offender, to a term of 20 years to life, unanimously affirmed.

Defendant’s retrial following a mistrial was not barred by the principle of double jeopardy. There is no evidence whatsoever to suggest that the prosecutor deliberately provoked *308defendant’s mistrial application (see Oregon v Kennedy, 456 US 667…