People v. Anderson

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered November 15, 1989, convicting him of rape in the first degree and sodomy in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We find that the further prosecution of the defendant was not barred by double jeopardy since there was a manifest necessity for a sua sponte declaration of a mistrial at the defendant’s first trial. Under the circumstances, the court properly declared a mistrial upon ascertaining that the defense counsel had…