People v. Gentile

OPINION OF THE COURT

John V. Aylward, J.

Defendants move pursuant to CPL 210.20 (subd 1, par [e]) to dismiss the indictment against each defendant upon the grounds of a previous prosecution, after the Trial Judge, sua sponte and over the objection of the defendants, declared a mistrial when the Assistant District Attorney, after the trial had commenced, insisted that he would call the Trial Judge to testify at the jury trial over which he was the sole presiding Judge.

The decision of this motion involves the competing values of not subjecting a defendant to defend himself twice on the same…