People v. Garcia

Judgment, Supreme Court, New York County (James Leif, J.), rendered April 12, 1993, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to IV2 to 15 years, unanimously affirmed.

Defendant’s retrial was not barred on double jeopardy grounds since there was "manifest necessity” for the trial court’s declaration of a mistrial after it discharged a "grossly unqualified” juror and there were no alternate jurors available (People v Tinsley, 58 NY2d 990, 992; CPL 270.35, 280.10 [3]). The record amply supports the trial…