People v. Hawkins
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*451The defendant was not subjected to double jeopardy when he was retried after his first trial under Indictment No. 1506/93 ended in a mistrial. While the defendant did not expressly consent to the mistrial, his consent may be implied from the circumstances which led to the court’s decision to declare a mistrial (see, People v Ferguson, 67 NY2d 383; People v Barreto, 149 AD2d 428). Defense counsel did not voice his opposition to a mistrial when he actively participated in the colloquy in which the jury’s ability to reach a verdict was discussed, and did not register any form of opposition when…
2Cases cited10 opinions
- People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
- People v. ThomasNew York Court of Appeals · 1980
- People v. CantyNew York Court of Appeals · 1983
- People v. FergusonNew York Court of Appeals · 1986
- People v. PriceAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by6 opinions
- People v. SanchezAppellate Division of the Supreme Court of the State of New York · 2006
- People v. PearsonAppellate Division of the Supreme Court of the State of New York · 2010
- Matthews v. NicandriAppellate Division of the Supreme Court of the State of New York · 1998
- Anderson v. BuchterAppellate Division of the Supreme Court of the State of New York · 2005
- Matter of Whyte v. Nassau County Dist. Attorney's Off.Appellate Division of the Supreme Court of the State of New York · 2016
1 more not listed; retrieve them via the Exa API.