People v. Clearwater

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered February 17, 1997, convicting him of manslaughter in the second degree, driving while intoxicated (two counts), assault in the second degree, and assault in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

At the first trial of this case, the trial court, sua sponte, declared a mistrial before an entire jury was impaneled and sworn. Consequently, the appellant was not placed in double jeopardy (see, Matter of Brackley v Donnelly, 53 AD2d 849).…