Wilson v. Chesworth

— Judgment unanimously affirmed, without costs. Memorandum: Because it was an improvident exercise of discretion for the court to declare a mistrial, petitioner’s retrial on the same criminal charges is prohibited by the double jeopardy provisions of the State and Federal Constitutions. Before declaring a mistrial in a criminal action it is incumbent upon a trial court to explore appropriate alternatives and to abort the trial only as a last resort (see People v Michael, 48 NY2d 1; Matter of Respeto v McNab, 90 AD2d 308; Matter of Girard v Rossi, 40 AD2d 13). Under the circumstances here, the…