People v. Reardon

Judgment unanimously affirmed. Memorandum: Defendant’s second trial was not barred by the double jeopardy clauses of either the Federal (US Const 5th Amend) or State Constitutions (NY Const, art I, § 6). Where the defendant either requests a mistrial or consents to its declaration, the double jeopardy clauses do not ordinarily bar a second trial (People v Ferguson, 67 NY2d 383, 388; see, e.g, United States v Scott, 437 US 82, 93). There is no dispute that defendant requested the mistrial during the first trial. We find no support for defendant’s claim that the mistrial motion was necessitated…