People v. Cuvilje

Joseph D. Quinn, Jr., J.

Immediately before commencement of jury selection in a new trial upon the 10 count indictment in this criminal action, after an earlier declaration of a mistrial arising from the first jury’s failure to reach a *629verdict, defendant made an oral application to prohibit the People from reprosecuting him under the indictment’s fifth and eighth counts, which the first trial court (Joseph P. Sullivan, J.) declined to submit to the jury, and under the ninth and tenth counts, which that court dismissed at the close of the People’s case upon the basis of legally insufficient…