Brown v. Brown

—Proceeding pursuant to CPLR article 78 to prohibit the respondents from retrying the petitioner under Queens County Indictment No. 176/98 on the ground that retrial would violate his right not to be twice placed in jeopardy for the same offense, and application for leave to prosecute the proceeding as a poor person.

Ordered that the application is granted; and it is further,

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

The declaration of a mistrial due to a deadlocked jury is a matter of discretion for the trial court, which is in the…