People v. Boneta

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ferdinand, J.), rendered July 13, 1994, convicting him of assault in the second degree and assault in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

When a court grants a mistrial without the consent of or over the objection of the defendant, the double jeopardy provisions of the Federal and State Constitutions prohibit retrial for the same crime unless there was "manifest necessity” for the mistrial, or "the ends of public justice would otherwise be defeated”…