Smith v. Marrus

Crane, J. (dissenting and voting to grant the petition).

Even with the deference to be accorded the determination of the trial court, I do not agree that there was a manifest necessity to declare a mistrial. Consequently, I respectfully dissent and vote to grant the petition.

The petitioner, Danny Smith, was charged with, inter alia, attempted robbery in the first degree and criminal possession of a weapon in the second degree under Kings County indictment No. 4187/04. His trial commenced in the Supreme Court, Kings County, on Thursday, June 23, 2005. The jury was selected that day, and the…