Mikel v. Mark

—Petition unanimously dismissed without costs. Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking a writ of prohibition barring his retrial on the ground of double jeopardy. He contends that Supreme Court erred in dismissing a sworn juror during deliberations and declaring a mistrial and thus that he cannot be retried. We disagree. Pursuant to CPL 270.35 (1), if the court finds that a sworn juror is “grossly unqualified to serve in the case or has engaged in misconduct of a substantial nature,” the court must discharge that juror and replace the juror with an alternate…